-
Essay / Judicial activism and judicial restraint - 614
Judicial activism is the willingness of the Supreme Court to use its powers to bring about significant changes in public policy or to creatively [re]interpret the texts of the constitution. Judicial restraint is the Supreme Court's willingness to limit the use and extent of its power to avoid making significant changes to public policy. These two terms denote opposing approaches to how judges interpret the constitution and public policy in different cases. For example, Miranda v. Arizona, on March 13, 1963, Ernesto Miranda was arrested by the Phoenix police for being convicted of kidnapping and rape. of an 18 year old girl, after hours of interrogation, Miranda finally confessed to the rape charge, this statement was written and recorded, Miranda was later sentenced to 20 to 30 years in prison. Miranda then appealed to the Arizona Supreme Court, stating that police had unconstitutionally collected her statement, the court disagreed and upheld the conviction. Miranda then decided to appeal to the United States Supreme Court, which considered the case in 1966. The prosecution was unable to offer Mi...