The Future of Constitutional Criminal Procedure

Abstract

We live in interesting times, and the times are especially interesting for those of us who work in the field of constitutional criminal procedure. In a series of essays, I have sought to explore the foundations of the field-to lay bare, and elaborate upon, the "first principles" of the Fourth, Fifth, and Sixth Amendments. These essays have already begun to provoke heated controversy over some of my specific doctrinal claims. (As I said, we live in interesting times.) In this brief review essay, I shall try to pull the camera back, highlighting some of the general features of my "first principles" project. In the process, I hope to say a few words about the past and present of constitutional criminal procedure, and a few more words about its future-in courts, in Congress, in classrooms, and in conversations everywhere in between.