Substantive doctrine guides judges on which party in a case should prevail. There are two types. When judges practice they defer to the political (elected) branches. When judges practice they change doctrine to conform with their view of the Constitution in a changing society.

You are the on-duty desk sergeant at the local police station. a man walks in and says, "i killed someone and want to confess." you grab your digital voice recorder and direct the man to a chair. he sits down and tells the tale of what turns out to be a first-degree murder. you record every word, including the numerous instances in which you said, "uh- huh" and "i see." satisfied that the subject did, indeed, commit a murder, you place him under arrest. the confession is: