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Article
Legislator Judges: The Warren Court and Justices' Use of State or International Policies in Criminal Procedure Cases
Judicature
  • John R. Hermann, Trinity University
Document Type
Article
Publication Date
3-1-2014
Abstract
The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.
Citation Information
Hermann, J. R. (2014). Legislator judges: The Warren Court and justices' use of state or international policies in criminal procedure cases. Judicature, 97, 235-240.