{'fraction_non_alphanumeric': 0.019381162869772185, 'fraction_numerical': 0.005270316218973139, 'mean_word_length': 5.102697095435684, 'pattern_counts': {'":': 0, '<': 0, '<?xml version=': 0, '>': 0, 'https://': 0, 'lorem ipsum': 0, 'www.': 0, 'xml': 0}, 'pii_count': 0, 'substrings_counts': 0, 'word_list_counts': {'cursed_substrings.json': 1, 'profanity_word_list.json': 0, 'sexual_word_list.json': 0, 'zh_pornsignals.json': 0}}
Minority Rights, Majority Rule: Partisanship and the Development of Congress . By Sarah A. Binder. Cambridge, UK: Cambridge University Press, 1997. 236p. $59.95 cloth, $18.95 paper.

that can be drawn from the intent of the Founders, the history of the Constitution, and constitutional structure. This neglect, Amar believes, has resulted in a series of Court decisions that are unprincipled, inconsistent, and provide more protection for the guilty than the innocent in criminal disputes. Amar also argues that the Court and scholars have tended to consider the three amendments in isolation from each other, and as distinct from other constitutional amendments and the body of the Constitution. This means that the way in which the Court has treated certain words and phrases that appear in these amendments is not consistent with the treatment accorded the same words and phrases as they appear in other parts of the Constitution. This has resulted in inconsistent, and occasionally contradictory, Court rulings, and at times may have resulted in subjecting innocent individuals to criminal sanctions. The book consists of a series of essays that represent a revised version of an essay published earlier in a law review or journal. (The future of constitutional criminal procedure. American Criminal Law Review 33(Summer 1996): 11231140) The first three chapters of the book discuss the Fourth, Fifth, and Sixth amendments, respectively. The fourth chapter is Amar's overall analysis of these amendments and his discussion of how we got to the current state of affairs in regard to interpreting them, what that state of affairs is, and how to address these amendments in the future. The final section of the book is an appendix devoted to our jury system; much of this appendix discusses ten reforms that Amar proposes. Approximately 75 pages of the book consist of comprehensive, detailed footnotes to the substantive chapters. Each chapter devoted to a specific amendment consists partly of Amar's analysis of the current problems emanating from the Court's past rulings and the reasoning used to support those rulings. Based upon this critical evaluation, he then proposes remedies designed to help develop an overarching analytic framework for placing the amendments in the context of general constitutional interpretative modes. He bases his proposals on a modified "plain-meaning" approach that is informed by certain Court precedents on the specific amendments and other portions of the Constitution, interpretations of the Founders' intent, and the structural qualities of the Constitution. For instance, Amar uses this approach to argue that the Fourth Amendment does not require warrants or probable cause for searches and seizures. He proposes that judges, in examining search and seizure cases, focus on the "reasonableness" of the search or seizure rather than emphasizing the possession of a proper warrant or determining if probable cause was present. In addition, he contends that the exclusionary rule as currently based on Court interpretation of the Fourth Amendment should be eliminated and replaced by reliance on tort remedies in civil law litigation against the government. In regard to the Fifth Amendment, Amar contends that the double jeopardy clause applies only to the same offenses and not to lesser or greater offenses of a similar nature. Also, he argues that the self-incrimination clause applies only to the testimony of a criminal defendant in an actual criminal case, not to the fruits of testimony that might be given by an individual in another setting, such as in a civil case, administrative hearing, or proceedings before the other branches of government. This means Amar supports only testimonial immunity and not any other form currently given in the criminal process. In discussing the Sixth Amendment, much of Amar's critique is devoted to the current remedy for violations, that is, dismissal with prejudice, which means the charges will be dropped with no possibility of refiling. Amar contends this remedy works to the benefit of the guilty rather than the innocent. He therefore proposes that this remedy be eliminated and replaced with reliance on tort actions against the government. Finally, in regard to the jury system, Amar contends that the right to a jury trial is the most important of all rights of the accused protected by the amendments. To preserve and strengthen this right, he offers ten recommendations, including mandatory jury service, elimination of preemptory challenges, severely scaled down cause challenges, and videotaping jury deliberations. Much of this book is quite provocative. Many will contend that the author's reliance on tort remedies to keep government abuses in check is not realistic. Others will dispute Amar's seemingly profound faith in the ability of the criminal justice system not only to discover the truth but also to use it as the critical decisional factor in criminal trials. Criminal procedure scholars may also point out that Amar's focus on these amendments as a critical part of an overall remedy for the problems of the criminal justice system ignores the reality that the vast majority of criminal cases are resolved without trial procedures. Clearly, part of Amar's mission in producing the book is to stimulate meaningful dialogue about these specific amendments and Court interpretations of them. While many may disagree substantially or totally with his proposals and interpretations of Court decisions, the book does serve to foster discourse among scholars and between scholars and students. Probably too complex to be understood by undergraduates, the book could serve as an interesting point of departure in graduate and law courses. In addition, the book should find a home in the personal library of any scholar interested in criminal procedure and the constitution.