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Criminal Law

John T Stinson Jr.

Selected Works

2009

Criminal Law and Procedure

Articles 1 - 2 of 2

Full-Text Articles in Law

Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John T. Stinson Jan 2009

Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John T. Stinson

John T Stinson Jr.

This article examines how "get tough" law enforcement policies like Project EXILE, which target otherwise underserved low-income communities, often result in deeper rifts between poor neighborhoods and "mainstream society." The article contrasts the Maryland EXILE program implemented in Baltimore City by the U.S. Attorney, D. Md., with the "Stop Snitching" phenomenon, concluding that both work together to advance the erosion of the traditional social contract thought to undergird American democracy.


Secret Indictments: How To Discourage Them, How To Make Them Fair, John T. Stinson Dec 2008

Secret Indictments: How To Discourage Them, How To Make Them Fair, John T. Stinson

John T Stinson Jr.

This article reveals an overlooked problem in federal criminal procedure that permits the government to indict individuals in secret and stall prosecutions to the detriment of fundamental rights. Constitutional and statutory protections ensure that criminal prosecutions in America are swift, open, and subject to thorough confrontational testing. Rule 6 of the Federal Rules of Criminal Procedure, however, permits the open-ended cloaking of criminal indictments following an ex parte government request for a seal. Court interpretations of Rule 6 sealing have further eroded fundamental protections by declaring that a showing of substantial prejudice by a criminal defendant will be the only …