Wadsworth Publishing (2004) Available at amazon.com and other online booksellers
An examination of the Bill of Rights in practice to illustrate the extent to which many rights are purely symbolic.
Examples of provocative conclusions presented through the book's analysis:
Americans often use the term "right" to repesent concepts other than the legal protections enjoyed by individuals against governmental intrusion. When the word "right" is used to represent the authority and power of governmental officials, the concept of rights can become confused with other concepts and thereby detract from people's ability to understand how rights operate.
Police have adapted their strategies to the requirements of Miranda warnings and developed techniques for eliciting confessions despite informing suspects of their rights. These techniques involve many of the same psychological ploys and deceptions that the Supreme Court sought to prevent in the original Miranda decision.
Despite the Constitution's language mandating jury trials in "The trial of all criminal cases" (Article III) and "In all criminal prosecutions" (Sixth Amendment), the Supreme Court has decided that there is no right to trial by jury in cases of "petty offenses," even if the possible cumulative sentence on such charges could be many years in prison.
The Supreme Court has never said that there is a constitutional right to be free from execution for a murder that you did not commit, even under circumstances in which DNA testing and other newly discovered evidence demonstrate innocence.
Politically protected privileges, such as the mortgage interest tax deduction, are stronger and more secure than many rights listed in the Constitution.
THE REHNQUIST COURT AND CRIMINAL JUSTICE (Lexington Books, 2011).
Analysis of individual justices and their impact on constitutional rights in the criminal justice process.
JOHN PAUL STEVENS: DEFENDER OF RIGHTS IN CRIMINAL JUSTICE (Lexington Books, 2015)
Analysis of judicial philosophy, impact, and legacy of the U.S. Supreme Court's most prolific opinion writer during his 35-year career on the nation's highest court. Individual chapters include examinations Supreme Court decisions on gun-ownership rights, prisoners' rights, capital punishment, Miranda warnings, and search & seizure. Examines the influence of Stevens's life experiences on his development as a judicial decision maker, including influences from his work as a Supreme Court law clerk, lawyer, and court of appeals judge.