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Constitutional criminal procedure doctrine and the force of stare decisis

By Douglas A. Berman

The import and force of stare decisis is often discussed in the context of Roe and other hot-button non-criminal constitutional rulings.  But, in a fascinating little concurring opinion authored by Justice Alito (which Justice Kennedy joined) in yesterday's ruling in Montejo v. Louisiana, the import and force of stare decisis is discussed in the context of criminal procedure doctrine.  Toward the end of Justice Alito's opinon, he gets in this particularly amusing swipe at the Montejo dissenters' emphasis on stare decisis: I can only assume that the dissent thinks that our constitutional precedents are like certain wines, which are most treasured when they are neither too young nor too old, and that Jackson, at 23, is in its prime, whereas Belton, at 28, had turned brownish and vinegary...continue to full post

Full post as published by Sentencing Law and Policy on May 27, 2009 (boomark / email).