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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.