Evolving Constitutional Rights
The Roberts Court and Criminal Justice
Will be published approx. on 26. September 2025
Book
Hardback
302 pages
978-0-8093-3974-7 (ISBN)
Description
Illuminating continuity and change in Supreme Court decisions
Evolving Constitutional Rights: The Roberts Court and Criminal Justice offers a compelling and in-depth analysis of how the U.S. Supreme Court has reshaped constitutional protections under Chief Justice John Roberts. Authors Christopher E. Smith, Michael A. McCall, and Madhavi M. McCall examine the Court's significant decisions from 2005 to Justice Breyer's retirement in 2022, revealing a complex judicial landscape where traditional doctrines are revised and fundamental rights are redefined.
The Roberts Court played a decisive role in some of the most contentious issues in American law. Due to several justices' application of originalist interpretations, its rulings have reconfigured key constitutional protections-often in ways that expand the authority of law enforcement while constraining legislative power over criminal statutes. The trajectory of the Court's conservative supermajority raises pressing questions about the future of constitutional rights.
Taking a rigorous yet accessible approach, Evolving Constitutional Rights breaks down the Court's influence across the full spectrum of criminal justice issues, from sentencing and trial rights to search-and-seizure protections, Miranda warnings, and corrections policies. Using both legal and empirical analysis, the authors track patterns in judicial ideology, uncovering how the Roberts Court has not only reinforced conservative principles but also unexpectedly broadened rights in areas such as digital privacy and defense counsel obligations.
This timely and insightful book goes beyond historical rulings to offer a forward-looking perspective on the Supreme Court's role in shaping public safety, legal precedent, and the balance of power in American government. Essential reading for legal scholars, policymakers, and anyone concerned with the future of constitutional rights, this new volume provides a clear and authoritative examination of the Roberts Court's lasting impact on American law.
Evolving Constitutional Rights: The Roberts Court and Criminal Justice offers a compelling and in-depth analysis of how the U.S. Supreme Court has reshaped constitutional protections under Chief Justice John Roberts. Authors Christopher E. Smith, Michael A. McCall, and Madhavi M. McCall examine the Court's significant decisions from 2005 to Justice Breyer's retirement in 2022, revealing a complex judicial landscape where traditional doctrines are revised and fundamental rights are redefined.
The Roberts Court played a decisive role in some of the most contentious issues in American law. Due to several justices' application of originalist interpretations, its rulings have reconfigured key constitutional protections-often in ways that expand the authority of law enforcement while constraining legislative power over criminal statutes. The trajectory of the Court's conservative supermajority raises pressing questions about the future of constitutional rights.
Taking a rigorous yet accessible approach, Evolving Constitutional Rights breaks down the Court's influence across the full spectrum of criminal justice issues, from sentencing and trial rights to search-and-seizure protections, Miranda warnings, and corrections policies. Using both legal and empirical analysis, the authors track patterns in judicial ideology, uncovering how the Roberts Court has not only reinforced conservative principles but also unexpectedly broadened rights in areas such as digital privacy and defense counsel obligations.
This timely and insightful book goes beyond historical rulings to offer a forward-looking perspective on the Supreme Court's role in shaping public safety, legal precedent, and the balance of power in American government. Essential reading for legal scholars, policymakers, and anyone concerned with the future of constitutional rights, this new volume provides a clear and authoritative examination of the Roberts Court's lasting impact on American law.
Reviews / Votes
"This book provides an outstanding overview and analysis of the Roberts Court's impact on criminal justice policy. It is timely, superbly researched, and well-argued. Highly recommended for anyone interested in how the Supreme Court's rightward turn has affected the administration of criminal justice in the twenty-first century."- Craig Hemmens, professor of criminal justice and criminology, Washington State University"Beyond a doubt, the best and most comprehensive examination of how the Roberts Court's criminal justice decisions are the culmination of what conservatives have wanted to achieve for nearly fifty years. The authors bring a rich legal and political science methodology to their research, ably documenting how the Roberts Court has transformed the criminal justice system in America."-David Schultz, Distinguished Professor of Political Science and Legal Studies, Hamline University
More details
Series
Language
English
Place of publication
Carbondale
United States
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 160 mm
Width: 238 mm
Thickness: 27 mm
Weight
624 gr
ISBN-13
978-0-8093-3974-7 (9780809339747)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Christopher E. Smith, professor of criminal justice at Michigan State University, is the author, coauthor, or editor of twenty-four books, including John Paul Stevens: Defender of Rights in Criminal Justice, The Supreme Court and the Development of Law: Through the Prism of Prisoners' Rights, and Constitutional Rights: Myths and Realities. He has published more than 120 scholarly articles.
Michael A. McCall, associate professor of sociology at San Diego State University, is coeditor of The Rehnquist Court and Criminal Justice. He has published more than twenty book chapters and journal articles, including in such outlets as the American Journal of Criminal Justice and Pace Law Review.
Madhavi M. McCall is a professor of political science and associate vice president for curriculum, assessment, and accreditation at San Diego State University. She is coauthor of Law and Criminal Justice: Emerging Issues in the Twenty-First Century and has published more than thirty articles in such journals as Judicature and Social Science Journal.
Michael A. McCall, associate professor of sociology at San Diego State University, is coeditor of The Rehnquist Court and Criminal Justice. He has published more than twenty book chapters and journal articles, including in such outlets as the American Journal of Criminal Justice and Pace Law Review.
Madhavi M. McCall is a professor of political science and associate vice president for curriculum, assessment, and accreditation at San Diego State University. She is coauthor of Law and Criminal Justice: Emerging Issues in the Twenty-First Century and has published more than thirty articles in such journals as Judicature and Social Science Journal.
Content
1. Introduction
2. The Roberts Court
3. An Overview of Criminal Justice Decisions
4. Blocking Legislative Definitions of Crimes
5. Search and Seizure
6. Miranda Warnings and Right to Counsel
7. Trial Rights
8. Sentencing and Rights in Corrections
9. Incremental Conservatism or Accelerated Change?
Acknowledgments
Cases Cited
Bibliography
Notes
2. The Roberts Court
3. An Overview of Criminal Justice Decisions
4. Blocking Legislative Definitions of Crimes
5. Search and Seizure
6. Miranda Warnings and Right to Counsel
7. Trial Rights
8. Sentencing and Rights in Corrections
9. Incremental Conservatism or Accelerated Change?
Acknowledgments
Cases Cited
Bibliography
Notes