Impartial Justice

The Real Supreme Court Cases that Define the Constitutional Right to a Neutral and Detached Decisionmaker

By: Eric T. Kasper

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eText | 22 March 2013 | Edition Number 1

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This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.

Industry Reviews

Without due process and impartial adjudication, none of our constitutional liberties could be secure. Yet the imperative importance of such rights is not considered as often as it should be. Eric Kasper’s engaging and important Impartial Justice provides an excellent remedy to this situation. After tracing the historical development of the concept of due process, Kasper—a noted scholar as well as a municipal judge—presents a host of noteworthy and telling case studies that illuminate the importance of due process and impartial justice, while also showing how these foundational principles can be disturbingly denied in practice. Well-written and instructive, Impartial Justice is a great place to learn about these core principles, and, equally important, what it takes to secure them in the real world.