Jul 27, 2011

Posted in Uncategorized

Counterfactual: Without the “War on Drugs” what would Constitutional Law look like today?

How many criminal procedure cases arose based on investigations, interrogations, arrests, trials, prosecutions,  and incarcerations of defendants on drug charges? Without the “War on Drugs” how would 4th, 5th, and 6th amendment jurisprudence have evolved? Same? Different? Even if the same procedural irregularities occurred in a crime not involving drugs, and were considered by the Supreme Court, would courts have treated them differently?

What about other areas of the law? Sentencing? Habeas? Civil Rights and 1983 actions?

Cross-Posted at ConcurringOpinions.com.

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  • We may still have a constitution if that was the case….

    But seriously though, Terry stops wouldn’t exist. Neither would most of the exceptions to the 4A.

    On the flip side, sentencing may be more harsh without the war on drugs.

  • What do you mean? We still have a constitution? That was thrown out a long time ago.