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date: 14 August 2020

Abstract and Keywords

This chapter examines the role of U.S. constitutional law in shaping criminal justice practices at all levels of government, focusing on the past five decades of concentrated activity. It begins with an overview of the most dramatic changes in the criminal justice system in the United States since the 1960s, including technological innovations in surveillance that have transformed the nature of investigative law enforcement; the rise of plea bargaining over adjudication in the disposition of criminal cases; issues of race in street policing and criminal justice outcomes in the post–civil rights movement era; and the relationship between mass incarceration and procedural rights. It then analyzes these four transformations, with particular emphasis on the limits of constitutional remedies and how criminal procedure is intertwined with substantive criminal law.

Keywords: constitutional law, criminal procedure, criminal justice system, plea bargaining, adjudication, race, street policing, mass incarceration, criminal investigations, criminal law

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