The Neglected History of Criminal Procedure, 1850-1940
53 Pages Posted: 31 Aug 2009 Last revised: 2 Nov 2009
Date Written: August 28, 2009
Originalism has focused the attention of courts and academics on Framing Era history to interpret constitutional limits on police conduct. Previously unexplored sources reveal, however, that Framing Era limits on officers were expressly abandoned as professional police forces were created in the mid-nineteenth century and charged with aggressively investigating and preventing crime. The modern scheme of judicially supervised police investigations was then implemented after corruption and scandals of the 1920s. The development of modern criminal procedure has a rich historical background, but it has almost nothing to do with the events of the Framing Era.
Keywords: criminal procedure, history, search and seizure, interrogations, wiretapping, Prohibition, originalism
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