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This book discusses the Constitutional right to a neutral decisionmaker, focusing on U.S. Supreme Court cases on the Sixth Amendment guarantee to a jury in criminal cases and to the due process requirements of an impartial judge and a neutral decisionmaker in quasi-judicial contexts. The work explores how these rights have evolved, and it critically examines relevant Court cases.
List of contents
Acknowledgements
Preface
Introduction: A Short History of What It Means to Be a Neutral, Impartial, and Unbiased Decisionmaker
Part One: An Impartial Jury Trial in Criminal Cases
1. Prejudicial Pretrial Publicity: Sheppard v. Maxwell (1966)
2. Avoiding Mob Justice: Frank v. Mangum (1915) and Moore v. Dempsey (1923)
3. Racial Discrimination in Jury Selection: Batson v. Kentucky (1986) and Miller-El v. Dretke (2005)
4. Sex Discrimination in Jury Selection: Hoyt v. Florida (1961) and Taylor v. Louisiana (1975)
5. Death-Qualified Juries: Witherspoon v. Illinois (1968) and Lockhart v. McCree (1986)
Part Two: Due Process and the Right to an Impartial Judge
6. Mayor-Judges with a Financial Stake in the Outcome: Tumey v. Ohio (1927) and Ward v. Village of Monroeville (1972)
7. A Judge Hearing a Contempt Proceeding after Being Vilified by the Defendant: Mayberry v. Pennsylvania (1971)
8. Non-Lawyer Judges: North v. Russell (1976)
9. The Judge Who Was Bribed in Other Cases: Bracy v. Gramley (1997)
10. A Judge Deciding a Case Involving a Major Campaign Supporter: Caperton v. A.T. Massey Coal Co. (2009)
Part Three: Due Process and the Right to an Impartial
Decisionmaker in Quasi-Judicial, Non-Court Settings
11. Parole Revocation: Morrissey v. Brewer (1972)
12. Medical License Review: Withrow v. Larkin (1975)
13. Mental Health Commitments for Juveniles: Parham v. J.R. (1979)
14. Prison Discipline: Edwards v. Balisok (1997)
15. Enemy Combatant Cases: Hamdi v. Rumsfeld (2004)
Conclusions
Catalog of Cases
Bibliography
Index
About the author
By Eric T. Kasper
