A Study of the Judicial Philosophy and Voting Patterns of United States Supreme Court Justice Byron R. White in the Areas of Criminal Procedure and Civil Rights

Abstract

This paper will attempt to analyze and explain the jurisprudence and voting patterns of Justice White. In doing so, it will explore the life of the Justice prior to his assent to the High Court, illustrating the fact that Byron White's judicial philosophy is greatly influenced by his pre-bench experiences. Next, it will examine Justice White's record on criminal procedure. It is in this area of law that White has had the greatest impact on the Court, and has been most prolific. Finally, the paper will turn to the interesting dichotomy presented by Justice White's record on civil rights. On bedrock civil rights issues, White carries on the legacy of the Warren Court, but on more modern civil rights issues, he is quite conservative. This examination of White's jurisprudence is by no means complete. The Justice's record on the First Amendment, federalism, and in other areas, is interesting, deserving of further study and undoubtedly would offer further insights into his judicial philosophy. Nevertheless, the examination of Justice Byron White's life, and his jurisprudence in criminal procedure and civil rights, helps to explain and illustrate the judicial philosophy he has used, and continues to use, in making some of the most important decisions on issues facing this nation.

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