Changes

While most Americans eventually agreed that the Court's desegregation and apportionment decisions were fair and right, disagreement about the "due process revolution" continues today.  Warren took the lead in criminal justice. Warren, despite his years as a tough prosecutor, always insisted that the police must play fair or the accused should go free. Warren was privately outraged at what he considered police abuses that ranged from warrant-less searches to forced confessions.  

While most Americans eventually agreed that the Court's desegregation and apportionment decisions were fair and right, disagreement about the "due process revolution" continues today.  Warren took the lead in criminal justice. Warren, despite his years as a tough prosecutor, always insisted that the police must play fair or the accused should go free. Warren was privately outraged at what he considered police abuses that ranged from warrant-less searches to forced confessions.  

Warren’s Court ordered lawyers for indigent defendants, in [[Gideon v. Wainwright]] (1963), and prevented prosecutors from using evidence seized in illegal searches, in [[Mapp v. Ohio]] (1961). The famous case of [[Miranda v. Arizona]] (1966) summed up Warren's philosophy.<ref>See [[Miranda v. Arizona]]</ref> Everyone, even one accused of crimes, still enjoyed constitutionally protected rights, and the police had to respect those rights and issue a specific warning when making an arrest. Warren did not believe in coddling criminals; this in [[Terry v. Ohio]] (1968) he gave police officers leeway to stop and frisk those they had reason to believe held weapons.  

Warren's Court ordered lawyers for indigent defendants, in [[Gideon v. Wainwright]] (1963), and prevented prosecutors from using evidence seized in illegal searches, in [[Mapp v. Ohio]] (1961). The famous case of [[Miranda v. Arizona]] (1966) summed up Warren's philosophy.<ref>See [[Miranda v. Arizona]]</ref> Everyone, even one accused of crimes, still enjoyed constitutionally protected rights, and the police had to respect those rights and issue a specific warning when making an arrest. Warren did not believe in coddling criminals; this in [[Terry v. Ohio]] (1968) he gave police officers leeway to stop and frisk those they had reason to believe held weapons.  

Conservatives angrily denounced the "handcuffing of the police."<ref>Ronald Kahn and Ken I. Kersch, eds. ''The Supreme Court And American Political Development'' (2006)  [http://www.amazon.com/gp/reader/0700614397/ref=sib_books_pg?ie=UTF8&keywords=miranda%20%26%2334%3Bcrime%20rates%26%2334%3B&p=S04N&checkSum=%252FyIgYm2ybgibk6P%252BM%252FG9LcucFd6ieUBSkCM%252FVsFiLs0%253D online at p. 442]</ref>  Violent crime and homicide rates shot up nationwide; in New York City, for example, after steady to declining trends until the early 1960s, the homicide rate doubled in the period from 1964-74 from just under 5 per 100,000 at the beginning of that period to just under 10 per 100,000 in 1974. After 1992 the homicide rates fell sharply.<ref>Thomas Sowell, ''The Vision of the Anointed: Self-congratulation as a Basis for Social Policy'' (1995)  [https://books.google.com/books?id=ISTtFtcIkKAC&pg=PA29&dq=homicide+%22warren+court%22&lr=&num=30&as_brr=0&ei=BvhqSNuHHpOkiwHp99SCBg&sig=ACfU3U2Pv3ET0J8J_NHq2uTqH_GJxcCbDw online at p. 26-29]</ref>

Conservatives angrily denounced the "handcuffing of the police."<ref>Ronald Kahn and Ken I. Kersch, eds. ''The Supreme Court And American Political Development'' (2006)  [http://www.amazon.com/gp/reader/0700614397/ref=sib_books_pg?ie=UTF8&keywords=miranda%20%26%2334%3Bcrime%20rates%26%2334%3B&p=S04N&checkSum=%252FyIgYm2ybgibk6P%252BM%252FG9LcucFd6ieUBSkCM%252FVsFiLs0%253D online at p. 442]</ref>  Violent crime and homicide rates shot up nationwide; in New York City, for example, after steady to declining trends until the early 1960s, the homicide rate doubled in the period from 1964-74 from just under 5 per 100,000 at the beginning of that period to just under 10 per 100,000 in 1974. After 1992 the homicide rates fell sharply.<ref>Thomas Sowell, ''The Vision of the Anointed: Self-congratulation as a Basis for Social Policy'' (1995)  [https://books.google.com/books?id=ISTtFtcIkKAC&pg=PA29&dq=homicide+%22warren+court%22&lr=&num=30&as_brr=0&ei=BvhqSNuHHpOkiwHp99SCBg&sig=ACfU3U2Pv3ET0J8J_NHq2uTqH_GJxcCbDw online at p. 26-29]</ref>

The Warren Court's activism stretched into a new turf, especially First Amendment rights. The Court's decision outlawing mandatory school prayer in [[Engel v. Vitale]] (1962) brought vehement complaints that echoed into the 21st century.<ref>See [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=370&invol=421 ENGEL v. VITALE, 370 U.S. 421 (1962) ]</ref>

The Warren Court's activism stretched into a new turf, especially First Amendment rights. The Court's decision outlawing mandatory school prayer in [[Engel v. Vitale]] (1962) brought vehement complaints that echoed into the 21st century.<ref>See [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=370&invol=421 ENGEL v. VITALE, 370 U.S. 421 (1962) ]</ref>

Warren worked to nationalize the Bill of Rights by applying it to the states. Moreover, in one of the landmark cases decided by the Court, [[Griswold v. Connecticut]] (1963), the Warren Court announced a constitutionally protected right of privacy.<ref>See [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0381_0479_ZS.html [[Griswold v. Connecticut]] (No. 496) 151 Conn. 544, 200 A.2d 479, reversed]</ref>  No one at the time expected the court, after Warren’s retirement,  would use the decision to allow abortion.

Warren worked to nationalize the Bill of Rights by applying it to the states. Moreover, in one of the landmark cases decided by the Court, [[Griswold v. Connecticut]] (1963), the Warren Court announced a constitutionally protected right of privacy.<ref>See [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0381_0479_ZS.html [[Griswold v. Connecticut]] (No. 496) 151 Conn. 544, 200 A.2d 479, reversed]</ref>  No one at the time expected the court, after Warren's retirement,  would use the decision to allow abortion.

With the exception of the desegregation decisions, few decisions were unanimous. The eminent scholar John Marshall Harlan took Frankfurter's place as the Court's self-constraint spokesman, often joined by Potter Stewart and Byron R. White. But with the appointment of Thurgood Marshall, the first black justice, and Abe Fortas (replacing Goldberg), Warren could count on six votes in most cases.  

With the exception of the desegregation decisions, few decisions were unanimous. The eminent scholar John Marshall Harlan took Frankfurter's place as the Court's self-constraint spokesman, often joined by Potter Stewart and Byron R. White. But with the appointment of Thurgood Marshall, the first black justice, and Abe Fortas (replacing Goldberg), Warren could count on six votes in most cases.