ABSTRACT
This chapter examines the conflicting trends in American criminal justice policy. It argues that the dominant political mood is not as all-encompassing as many observers have assumed, and suggests that other potential avenues for advancing the values of equality and fairness in the context of a generally conservative political climate. The chapter provides a traditional revisionist role, bringing to the fore previously neglected events and trends. The so-called "war on crime" involves a massive shift in criminal justice policy that began in the late 1960s. The "wars" declared by a succession of United States presidents represent only one small part of the broader development. The conservative posture of the Court on criminal justice issues contrasts sharply with its centrist and sometimes activist liberal position on many other controversial issues. The Rehnquist court upheld the right to burn the American flag, has continued to reject in-school prayer, and has refused to repeal the right to abortion.
