Abstract

http://ssrn.com/abstract=1646658
 
 

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The Gatehouses and Mansions: Fifty Years Later


Richard A. Leo


University of San Francisco - School of Law

Alexa Koenig


University of California, Berkeley - School of Law; University of San Francisco


Annual Review of Law and Social Science, Vol. 6, pp. 19.1-19.17, 2010
Univ. of San Francisco Law Research Paper No. 2010-23

Abstract:     
In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come 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 2003-04), 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.

Number of Pages in PDF File: 43

Keywords: Miranda, Constitution, interrogation, rights, police, confessions, criminal procedure

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Date posted: July 23, 2010 ; Last revised: November 18, 2010

Suggested Citation

Leo, Richard A. and Koenig, Alexa, The Gatehouses and Mansions: Fifty Years Later. Annual Review of Law and Social Science, Vol. 6, pp. 19.1-19.17, 2010; Univ. of San Francisco Law Research Paper No. 2010-23. Available at SSRN: http://ssrn.com/abstract=1646658

Contact Information

Richard A. Leo (Contact Author)
University of San Francisco - School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
Alexa Koenig
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
University of San Francisco ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
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