1980Santa Clara Law Digital Commons (Santa Clara University)Open access

Warren Court and its Critics, The Supreme Court History Project: The Warren Court 1962-1969

Arthur J. Goldberg

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Abstract

For a variety of reasons the Warren Court's criminal justice decisions are most vulnerable to attack.In the first place, there is a great-and in many respects justified-concern about the increase in crime."The fact that this increase has coincided with an expansion of constitutional safeguards for criminal defendants has led some critics to assumeerroneously, in my view-a relationship between the two.Moreover, "take the handcuffs off the police" is a profitable political slogan, and the courts are a convenient scapegoat on which to place the blame for our inability to solve frustrating and difficult social problems.'By comparison, most of the other fronts on which the Warren Court moved forward are relatively secure.The reap-O 1980 by Arthur J. Goldberg.

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For a variety of reasons the Warren Court's criminal justice decisions are most vulnerable to attack.In the first place, there is a great-and in many respects justified-concern about the increase in crime."The fact that this increase has coincided with an expansion of constitutional safeguards for criminal defendants has led some critics to assumeerroneously, in my view-a relationship between the two.Moreover, "take the handcuffs off the police" is a profitable political slogan, and the courts are a convenient scapegoat on which to place the blame for our inability to solve frustrating and difficult social problems.'By comparison, most of the other fronts on which the Warren Court moved forward are relatively secure.The reap-O 1980 by Arthur J. Goldberg.

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For a variety of reasons the Warren Court's criminal justice decisions are most vulnerable to attack.In the first place, there is a great-and in many respects justified-concern about the increase in crime."The fact that this increase has coincided with an expansion of constitutional safeguards for criminal defendants has led some critics to assumeerroneously, in my view-a relationship between the two.Moreover, "take the handcuffs off the police" is a profitable political slogan, and the courts are a convenient scapegoat on which to place the blame for our inability to solve frustrating and difficult social problems.'By comparison, most of the other fronts on which the Warren Court moved forward are relatively secure.The reap-O 1980 by Arthur J. Goldberg.

Key concepts: Warren Court, Supreme court, Law, Remand (court procedure), Original jurisdiction, Court of record, Majority opinion, Concurring opinion

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