Tuesday, November 30, 2010
Richard A. Leo (pictured) and Alexa Koenig (University of San Francisco - School of Law; University of California, Berkeley - School of Law and University of San Francisco) have posted The Gatehouses and Mansions: Fifty Years Later (Annual Review of Law and Social Science, Vol. 6, pp. 323-339, 2010) on SSRN. Here is the abstract:
In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that came to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court's most important criminal-procedure decisions” ( White 2003–2004 ), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar passionately detailed how the Constitution and its jurisprudential progeny failed to protect suspects when those rights mattered most: when facing questioning by police. This article discusses where this thesis stands today in light of nearly 50 years of legal developments and social science research.