ABSTRACT
This chapter discusses the model of constitutional criminal procedure built in the United States in the first part of the twentieth century. The model’s core is the belief that the state must treat accused individuals equally, with due respect for their liberty; that is, to use the term preferred by the US Supreme Court, with fundamental fairness. The chapter traces global movements toward this kind of model. It demonstrates that in a number of countries—China, the Islamic states, France, and the United States—adherence to sovereignty and national tradition may prevent a full embrace of a global standard. This chapter examines implications of these global phenomena. In contrast with the proclamation of individual rights in the 1776 Declaration of Independence, which generally is considered aspirational, the enumeration in the 1791 Bill of Rights was to be enforceable. Global crime is on the rise. Genocide, war crimes, and torture are the unwelcome hallmarks of modern armed conflicts.
