Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2008

Discovery

Criminal Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff Nov 2008

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff

Alexandra Natapoff

The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …

Go to article

Due Process For The Global Crime Era: A Proposal, Song Richardson Jan 2008

Due Process For The Global Crime Era: A Proposal, Song Richardson

Articles in Law Reviews & Other Academic Journals

This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …

Go to article