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Article

Abstract

Book review of Vagrant Nation by Risa Goluboff. New York, N.Y.: Oxford University Press. 2016.

Almost twenty years ago, I wrote in a piece with Professor Dan Kahan that one of the central features of modern criminal procedure was its unrelenting hostility toward institutionalized racism.' Specifically, we argued that the Supreme Court in a series of cases such as Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright, and Papachristou v. City of Jacksonville, all decided in about a decade from 1961 to 1972, voiced a deep concern on the Court's part about the machinery of ordinary criminal justice in a context of very little federal oversight, especially in the South. Before the so-called Warren Court revolution, federal court oversight of state criminal justice was sporadic and shallow, advanced through case-by-case consideration of state criminal court adjudications as opposed to oversight and review of the police investigations that generated those convictions. The Warren Court's cases created what Kahan and I called a "muscular" doctrine8 designed to address the fact that, in a context in which African Americans were systematically disenfranchised and despised, it was impossible to expect the communities in which they resided to apply criminal laws to them evenhandedly.

Date of Authorship for this Version

2017

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