Date of Defense

Spring 4-2004

Department

Political Science

First Advisor

Peter Renstrom, Political Science

Second Advisor

Ashlyn Kuersten, Political Science

Third Advisor

Alan Isaak, Political Science

Abstract

The purpose of this paper is to examine whether the Burger Court did in fact live up to the claim of its leader and overturn or undo the rulings of the Warren Court concerning criminal procedure. The field of criminal procedure juxtaposes the rights of the accused against the interest that a society has in preventing and prosecuting crime. Additionally, a justice who believes in restricting the power of the states so that there is one uniform system for criminal procedure would create an opinion based on a philosophy opposite to that of a justice who felt that the states should each have the freedom to narrow or broaden the scope of criminal procedure. Therefore, examining criminal procedure will give us ample opportunity to analyze the philosophical differences between the Warren and Burger Courts.

Access Setting

Honors Thesis-Campus Only

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