June 17, 2011

The "Gatehouses and Mansions" After Fifty Years

Richard A. Leo, University of San Francisco School of Law, and Alexa Koenig, University of California, Berkeley, School of Law, and University of San Francisco, have published The Gatehouses and Mansions: Fifty Years Later at 6 Annual Review of Law and Social Science 323 (2010). Here is the abstract.

In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that came to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court's most important criminal-procedure decisions” ( White 2003–2004 ), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar passionately detailed how the Constitution and its jurisprudential progeny failed to protect suspects when those rights mattered most: when facing questioning by police. This article discusses where this thesis stands today in light of nearly 50years of legal developments and social science research.
The full text is not available from SSRN.

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