This Article canvases the Burger Court’s counterrevolution in criminal procedure effectuated by a series of rulings that restructured the balance between the state and the criminally accused. The Article identifies the five major themes that have marked the Burger Court’s counterrevolution in criminal procedure and demonstrates how these themes were illustrated by various decisions this term during the 1985-86 term. After providing this background, the Article poses questions of how shifts in the composition of the Court may affect the trajectory of criminal procedure.
Charles Whitebread, The Counterrevolution Enters a New Era: Criminal Procedure Decisions During the Final Term of the Burger Court, 10 SEATTLE U. L. REV. 571 (1987).