chapter  XXIV
XXIV Nationalizing Criminal Due Process
Pages 16

The Warren Court made fundamental changes in state criminal procedures, a fi eld previously left largely to the discretion of the states. Judicial activism in the past had not extended to protecting the rights of criminal defendants; only fl agrant abuses of due process, as in Moore v. Dempsey and Powell v. Alabama , could move the Court to intervene. Justice Holmes’s test for such intervention against state abuses was simple: “Does it make you want to vomit?” This was long the prevailing view on the Court, and it left the states free to do anything short of making stomachs queasy with respect to state criminal proceedings. Warren changed that by bringing state procedures into line with federal practices by extending to the states the criminal justice guarantees of the Bill of Rights.