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When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti

Carrie Leonetti

This Article addresses the problem that arises when the prosecution has pleaded criminal charges correctly on the basis of probable cause, but either its theory of the defendant’s guilt is based on a misunderstanding of the governing law or it lacks legally sufficient evidence to sustain the charges. It argues that, in this situation, trial courts should have the authority to grant summary judgment to the defense.

The Article discusses the rationales that underlay the creation of summary judgment in civil cases, surveys the existing mechanisms for summary disposition of criminal charges (pretrial motions to dismiss, preliminary hearings, and grand-jury …