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Part IV Rights, Ch.31 Criminal Procedure

Carol S. Steiker

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

Federal constitutional adjudication plays a larger role in shaping criminal procedure in the United States than in most other constitutional democracies because of the distinctive disaggregation of American criminal justice. First, the American criminal justice system is disaggregated geographically. American federalism assigns primary responsibility for criminal justice to the states rather than the federal government. Consequently, rules governing police practices and adjudicative procedures vary from state to state as a reflection of differences in state...
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