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The Supreme Court and the Development of Law

Through the Prism of Prisoners’ Rights

  • Book
  • © 2016

Overview

Authors:
  1. Christopher E. Smith

    1. Michigan State University, East Lansing, USA

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  • Examines several prisoners' rights cases over the span of several decades of Supreme court decision-making
  • Includes an in-depth chapter on the influence of Justice Scalia
  • Helps to shed light on the contexts and conflicts that define incarcerated offenders' daily lives

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xiv
    Download chapter PDF

  2. Shaping Constitutional Law: The Example of Prisoners’ Rights

    • Christopher E. Smith
    Pages 1-13

  3. Pioneering Litigation: Black Muslims as an Assertive Political Minority

    • Christopher E. Smith
    Pages 15-36

  4. The Expansion and Contraction of Rights: Through the Eyes of Justice Marshall

    • Christopher E. Smith
    Pages 37-59

  5. A Protective Constitutional Vision: Justice Stevens and the Principles of Liberty

    • Christopher E. Smith
    Pages 61-83

  6. A Rejectionist Constitutional Vision: Justice Thomas and Originalist Arguments

    • Christopher E. Smith
    Pages 85-107

  7. The Pragmatic Middle and Its Consequences: The Influence of Justice O’Connor

    • Christopher E. Smith
    Pages 109-128

  8. Strategic Interaction: Persuasion and Accommodation in Opinion Writing

    • Christopher E. Smith
    Pages 129-152

  9. Redefinition of Precedent: The Influence of Justice Scalia

    • Christopher E. Smith
    Pages 153-173

  10. Reaction and Retrenchment

    • Christopher E. Smith
    Pages 175-195

  11. Back Matter

    Pages 197-227
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Keywords

About this book

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners’ claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices’ unanimous endorsement of a Muslim prisoner’s religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners’ rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners’ rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.       

Reviews

“Smith, the preeminent scholar on correctional law in criminal justice, has produced a fascinating overview and analysis of the Supreme Court’s decision-making process and the development of constitutional law, using prisoners’ rights litigation to frame his analysis. This is a significant contribution to the literature on constitutional law and the Eighth Amendment.” (Craig Hemmens, Professor and Chair, Department of Criminal Justice and Criminology, Washington State University, USA)

“A fascinating look into how presidential appointment and shifting alliances on the Supreme Court shape the degree to which legal protections are both extended and restricted within prison settings. Smith deftly navigates both the legal literature and the behind the scenes machinations of Court actors to provide an interesting and compelling look at how the fight over prisoners’ rights is oftentimes far removed from the reality of prison life itself.” (John D. Burrow, Assistant Professor, The College of Criminal Justice, University of South Carolina, USA)

Authors and Affiliations

  • Michigan State University, East Lansing, USA

    Christopher E. Smith

About the author

Christopher E. Smith is Professor of Criminal Justice at Michigan State University, USA. He is the author of more than 20 books, including Constitutional Rights: Myths & Realities, Law and Contemporary Corrections, Courts and the Poor, and John Paul Stevens: Defender of Rights in Criminal Justice.       

Bibliographic Information

  • Book Title: The Supreme Court and the Development of Law

  • Book Subtitle: Through the Prism of Prisoners’ Rights

  • Authors: Christopher E. Smith

  • DOI: https://doi.org/10.1057/978-1-137-56763-5

  • Publisher: Palgrave Macmillan New York

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s) 2016

  • Hardcover ISBN: 978-1-137-56762-8Published: 26 August 2016

  • eBook ISBN: 978-1-137-56763-5Published: 25 August 2016

  • Edition Number: 1

  • Number of Pages: XIV, 227

  • Topics: Criminology and Criminal Justice, general

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