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Articles 1 - 3 of 3
Full-Text Articles in Law
Flipping The Script On Brady, Ion Meyn
Flipping The Script On Brady, Ion Meyn
Indiana Law Journal
Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this
reason, is understood to burden the prosecutor. This Article asks whether Brady also
benefits the prosecutor, and if so, how and to what extent does it accomplish this?
This Article first considers Brady’s structural impact—how the case influenced
broader dynamics of litigation. Before Brady, legislative reform transformed civil
and criminal litigation by providing pretrial information to civil defendants but not
to criminal defendants. Did this disparate treatment comport with due process?
Brady arguably answered this question by brokering a compromise: in exchange for
imposing minor obligations on …
Recidivist Sentencing And The Sixth Amendment, Benjamin E. Adams
Recidivist Sentencing And The Sixth Amendment, Benjamin E. Adams
Indiana Journal of Law and Social Equality
No abstract provided.
The Legal Fiction Of The Right To Defense In The Colombian Criminal Justice System, Manuel Iturralde
The Legal Fiction Of The Right To Defense In The Colombian Criminal Justice System, Manuel Iturralde
Indiana Journal of Global Legal Studies
In the first section of the article, I will discuss Omar's case to show why he did not have a fair trial, and particularly how his rights to access to justice and to defense were infringed, both by the public defense he was provided and by the judges that decided his case.
In the second section, I will show that Omar's case is a tellingillustration of the features of the Colombian criminal justice system, which systematically and disproportionately sentences and imprisons marginalized and poor people-in great measure because they lack the financial resources to pay for better and more motivated …