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Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume provides in-depth and updated examinations of key landmark decisions. Criminal Justice covers: Incorporation and the Right to a Jury Trial: Duncan v. Louisiana, Police Confessions: Miranda v. Arizona, Plea Bargaining North Carolina v. Alford, The Exclusionary Rule: United States v. Leon, and The Death Penalty: Gregg v. Georgia.
Chapter 1 Preface Part 2 1 Incorporation and the Right to a Jury Trial: Duncan v. Louisiana Chapter 3 Briefs Chapter 4 Duncan's Brief Chapter 5 Louisiana's Brief Chapter 6 The Opinion Chapter 7 Postscript Part 8 2 Police Confessions: Miranda v. Arizona Chapter 9 Briefs Chapter 10 Miranda's Brief Chapter 11 Arizona's Brief Chapter 12 ACLU's Amicus Brief Chapter 15 Oral Argument Chapter 16 The Opinion Chapter 17 Postscript Part 18 3 Plea Bargaining: North Carolina v. Alford Chapter 19 Briefs Chapter 20 Alford's Brief (1969) Chapter 21 North Carolina's Brief (1969) Chapter 22 Alford's Supplemental Brief (1970) Chapter 23 North Carolina's Supplemental Brief (1970) Chapter 25 Oral Argument Chapter 26 The Opinion Chapter 27 Postscript Part 28 4 The Exclusionary Rule:United States v. Leon Chapter 29 Briefs Chapter 30 Brief for the United States Chapter 31 Leon's Brief Chapter 32 Oral Argument Chapter 33 The Opinion Chapter 34 Postscript Part 35 5 The Death Penalty: Gregg v. Georgia Chapter 36 Briefs Chapter 37 Gregg's Brief Chapter 38 Georgia's Brief Chapter 39 Brief for the United States as Amicus Curiae Chapter 40 Oral Argument Chapter 41 The Opinion Chapter 42 Postscript