Turning Rights Into Symbols

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Turning Rights into Symbols: The U.S. Supreme Court and Criminal Justice

The Supreme Court is characterized as one of the most important symbols of justice and law (pg.
99). Over the years the Supreme Court has been held responsible for upholding the law as well as the constitutional rights of the people. The article “Turning Rights into Symbols: The U.S. Supreme Court and Criminal Justice” examines how the Supreme Court decision affects the criminal justice systems. It has been founded that the Supreme Court is more concerned with the courts institutional functions and consequences (pg. 100). More so, the Supreme Court justices’ makes decisions that enhance their personal agendas, views and attitudes. It has been difficult to conclude the precise reasons for one’s decisions. Research has indicated that attitudes and values underlying a justice’s decision has been present. The author of the text defines symbolization as the use of interpretive techniques and devices that create, facilitate or tolerate gaps between the formal statement of a basic constitutional protection and the actual implementation (or lack thereof) of that protection (pg. 103). The author chose to highlight Burger and Rehnquist courts for this study and how symbolization has affected these courts. The use of symbolization has documented how constitutional doctrines’ have been altered. Although symbolization sometimes was seen as one’s personal preference in making decisions, there were also benefits to using symbolization. Symbolization gave the benefits of allowing the criminal justice systems to use flexibility and discretion when it comes to preserving constitutional rights (pg. 110). The author concluded that the direction and techniques of symbolization are likely to continue into the future (pg. 113). Although, the Supreme Court was viewed to have use manipulation in personal…...

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