The Constitution and the Future of Criminal Justice in America

The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.

Part I. Foundations – The Scope of Criminal Law and Access to Counsel: 1. The past and future of the right to an attorney for poor people accused of crimes Stephen B. Bright; 2. Criminal justice in America: constitutionalization without foundation Markus D. Dubber; Part II. Race and Criminal Procedure: 3. The challenges of 'quality of life' policing for the Fourth Amendment Susan A. Bandes; 4. Arrest efficiency and the Fourth Amendment L. Song Richardson; Part III. Policing and Privacy: 5. The exclusionary rule: its effect on innocence and guilt Tonja Jacobi; 6. Consent, dignity, and the failure of scattershot policing Janice Nadler; 7. Neurotechnologies at the intersection of criminal procedure and constitutional law Amanda Pustilnik; Part IV. Technology and the Surveillance Society: 8. Information and social control Wayne A. Logan; 9. Is the fourth amendment relevant in a technological age? Christopher Slobogin; Part V. Confessions and Miranda: 10. False confessions and the constitution: problems, possibilities, and solutions Richard A. Leo; 11. The foggy future of Miranda Emily Hughes; Part VI. Conviction, Sentencing, and Incarceration: 12. Collateral consequences of criminal conviction Gabriel J. Chin; 13. Psychopathy, criminal responsibility, punishment, and the Eighth Amendment Adam R. Fox and Reid Griffith Fontaine; Part VII. Emergencies and Borders – Immigration, Terrorism, National Security and Transnational Crime: 14. Preemption and proportionality in state and local crimmigration law Juliet P. Stumpf; 15. Embattled paradigms: the 'war on terror' and the criminal justice system Susan N. Herman; 16. The civilianization of military jurisdiction Stephen I. Vladeck; 17. Crime across borders: globalization, executive power, and the transformation of criminal justice John T. Parry.

John T. Parry is Professor of Law at Lewis and Clark Law School. He is the author of Understanding Torture: Law, Violence, and Political Identity (2010), as well as numerous articles on issues relating to criminal law, civil rights, foreign relations law, and transnational and international criminal law. He is also co-author of Criminal Law: Cases, Statutes, and Lawyering Strategies (2005, 2nd edition 2010) and a member of the American Law Institute.
L. Song Richardson is Professor of Law at the University of Iowa College of Law. Her legal career includes work as a state and federal public defender, as an assistant counsel at the NAACP Legal Defense Fund representing capital defendants in habeas cases, and as a partner in a boutique criminal law firm. She is a member of the American Law Institute. Her research explores the legal implications of mind sciences research on criminal procedure, criminal law and policing. Her work has been published by law journals at Yale, Berkeley, Duke, Northwestern and Cornell, among others.