•  
  •  
 

Authors

Leonard Sosnov

Abstract

Part I examines two competing models of due process that the Court uses when considering criminal procedure rights. The first approach extends deference to state legislatures and historical traditions. The alternative approach, advocated here, recognizes due process as a vibrant, fluid source of rights that balances the equities of competing prosecutorial and defense interests, with the overarching goal of attaining accurate dispositions in criminal cases. The article proceeds to apply the second approach in determining the scope of the government’s obligations to provide access to its evidence. Part II suggests that the Court has failed to sufficiently provide constitutionally guaranteed due process access to evidence, and addresses three specific problems.

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.