A Criminal Procedure Regime Based on Instrumental Values: A Review of \u27About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure,\u27 by Donald A. Dripps (Prager Publishers, 2003)

Abstract

Like many legal academics, Professor Donald Dripps believes that the Supreme Court\u27s criminal procedure doctrine is a mess. Dripps believes that the Court\u27s doctrine is in large measure responsible for the failure of the criminal-procedure revolution and contends that current doctrine does not reflect prevailing (and justified) values about criminal process. To prove his claim, Dripps has written a book that expertly identifies the flaws, inconsistencies and missteps of the Court\u27s constitutional criminal procedure cases dating back to the adoption of the Fourteenth Amendment. About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure is a comprehensive and thoughtful critique of the Court\u27s criminal procedure jurisprudence. The book primarily focuses on the Court\u27s Fourth, Fifth and Sixth Amendment cases. My review of Dripps\u27 book proceeds in two parts. Part I provides a general overview of the book and highlights Dripps\u27 core arguments. Generally speaking, Dripps asserts that the Court\u27s criminal procedure cases should focus on instrumental concerns, such as proportionate police investigative practices and reliable adjudicatory procedures. Part II of my review discusses Dripps\u27 analysis of the Court\u27s confession cases. This part includes a description of Dripps\u27 proposal to regulate police interrogation under an instrumental regime and my critique of his proposal