HST 386 Lecture Notes - Lecture 22: Lucy Parsons, Forced Confession, Totalitarianism
Document Summary
The old regime: police and prosecutors, appellate oversight. Changing context: totalitarianism, the growth of state power, civil rights movement, the warren court. The reconstruction of criminal procedure: overarching concepts, constitutionalization, nationalization. Incorporation: defendant"s rights, privacy, counsel, fair police procedure, reaction. Judge sets aside the verdict and throws out the forced confession: deadly force averbuch case (1908, almost seems as if police of cers are bigger than democracy, prosecution, few limits and bad incentives. Fourth amendment does not apply to state government in their eyes, just the federal. Totalitarianism: democratic wars, society of compression, world war ii, cold war (force americans to confront the aws in american society or the soviet. Government power: state becomes more powerful, more people incarcerated, conscription, development of prohibition (rise of prison population, effected by the carceral state, regulation, taxation. Ins and customs (stronger enforcement on the border: armed forces.