The approaches to the criminal procedure by the U.S. Supreme Court

Criminal procedure always provokes conflicts between the preservation of citizens' rights and liberties and necessity to investigate and prosecute crimes by the government. It is very important to follow the law and to balance the government's interest in the control of the level of crime in society with the liberties and rights of citizens – innocent, suspected etc.

There have always been discussions between those who support tough regulation of criminal procedure and broad powers of police in investigating of crimes and those who protect the rights and liberties of citizens. The Supreme Court as the highest legal institution in the country also represents some of these opinions. And the approach of Supreme Court to this problem was different in different times and depended on the personal position of the Chief Justice.

We are going to analyze the approaches to the criminal procedure and the balance between human's rights and liberties and social order of two Chief Justices of the Supreme Court – Earl Warren and William Rehnquist. These two famous persons played a great role in the development of the law in the United States of America. They both have influenced the society and changed the balance between the social order and personal rights. They both had opposite views on the role of the Supreme Court in the society and, in the end, they both supported opposite approaches to the criminal procedure. While William Rehnquist was quite conservative, Earl Warren supported active position of Supreme Court in social processes.

Both Earl Warren and William Rehnquist were involved in really resonance cases. President Lyndon Johnson appointed Earl Warren as a head of a commission that investigated the assassination of President John Kennedy. Later Warren was criticized for the results of that investigation. In turn, William Rehnquist was in the centre of attention in the presidential election dispute between Bush and Gore in 2000, which was supported by the recount in Florida and controversial win of Bush.

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