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Criminal law

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2013

University of Tennessee College of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Ham Sandwich Nation: Due Process When Everything Is A Crime, Glenn Harlan Reynolds Jan 2013

Ham Sandwich Nation: Due Process When Everything Is A Crime, Glenn Harlan Reynolds

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Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.


The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons Jan 2013

The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons

Scholarly Works

No abstract provided.