Synopses & Reviews
Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and—most importantly—the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.
Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.
Review
Fliter offers a rich and substantive framework within which to reflect meaningfully about society's need to ensure fundamental human rights even to those who have violated fundamental human and legal rights. Highly recommended for all libraries.Choice
Review
Generations of scholars have studied legal change--and, in so doing, have brought a multitude of perspectives to bear on it, from the doctrinal and jurisprudential to the behavioral and institutional. And, yet, for all their differences, many of the resulting studies share a common feature: a focus on highly salient and controversial areas of law. As Professor Fliter reminds us, if we are to develop a fuller appreciation of the subject, we must move beyond the salient and controversial areas of the law that some regard as less interesting and exciting. Prisoners' rights is one, and Fliter does a masterful job in exploring and explaining the profound--and, yes, fascinating--legal changes that have occurred over the last 200 years.Christopher E. Smith Professor of Criminal Justice Michigan State University
Review
Fliter's book is nothing less than successful. The author's dual contribution to the study of constitutional law and judicial politics make this essential background reading for students facing doctoral exams in public law. Each chapter is impeccably referenced and the essential features of each Supreme Court decision are immediately apparent.The Law and Politics Book Review
Synopsis
Describes the doctrinal development of prisoners' rights under the Constitution and examines how those rights have been shaped by prevailing public opinion, interest group advocacy, and the policy preferences of the justices themselves.
Synopsis
Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on "cruel and unusual punishment" and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.
Description
Includes bibliographical references (p. [199]-204) and index.
About the Author
JOHN A. FLITER is an Associate Professor of Political Science at Kansas State University.
Table of Contents
Preface
Introduction
Federal Courts, Politics, and Prisoners' Rights
Law, Politics, and Strategy in Supreme Court Decision Making
Early Court Decisions and Prisoners' Rights
The Warren Court and Prisoners' Rights, 1953-1969
The Burger Court and Prisoners' Rights, 1969-1986
The Rehnquist Court and Prisoners' Rights, 1986-Present
Prisoners' Rights, the Supreme Court, and Evolving Standards of Decency
Bibliography
Index