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Full-Text Articles in Law
Why Law Of Evidence Supports The Verdict That The President Is Guilty, Edward A. Purcell Jr.
Why Law Of Evidence Supports The Verdict That The President Is Guilty, Edward A. Purcell Jr.
Other Publications
This post originally appeared on https://thehill.com/opinion/judiciary/477186-why-law-of-evidence-supports-the-verdict-that-the-president-is-guilty
Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod
Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod
Articles & Chapters
Available at https://www.harvard-jlpp.com/
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Articles & Chapters
This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …