Rights of the Accused: Court Takes More Conservative Position on Civil Liberties
The Supreme Court began to take a more conservative approach to civil liberties in the years following the Warren Court. There was even an unsuccessful effort to overturn the Miranda decision. Terry v. Ohio which recognized the right of police offic...
Legal Precedent: Legal Precedent
Another source of law in judicial decision-making traces its origin to the British common-law tradition known as precedent. The idea is that like cases should be decided alike. The Supreme Court generally follows its precedents because it is conside...
American Heritage: Guarding Against Overreaching Power
The federalist system that characterizes U. S. government has different branches that exercise checks and balances on each other in order to prevent any one branch from acquiring too much power. The rule of law embodied by the Constitution also limi...
Rights of the Accused: Rules of Law
In 1966 Ernesto Miranda appealed a rape conviction to the Supreme Court and became the center of a landmark decision. His conviction was overturned on the basis that he had signed a confession without knowing he had the right to remain silent or hav...