Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 2 of 2
Full-Text Articles in Law
Constitutional Criminal Procedure, James P. Fleissner
Constitutional Criminal Procedure, James P. Fleissner
Mercer Law Review
The Fourth, Fifth, and Sixth Amendments of the United States Constitution are the three pillars of the American system of criminal justice. The three amendments make procedural guarantees using enigmatic terms that are given meaning by those with the power of interpretation. The Fourth Amendment protects us from "unreasonable searches and seizures." The Fifth Amendment includes a guarantee of "due process of law." The Sixth Amendment guarantees a "speedy" trial. In the years since 1791, when these provisions were enshrined in the Bill of Rights, the courts have played the leading role in shaping the scope of these broad pronouncements. …
United States V. Armstrong: Permissible Prosecutorial Discretion?, Robert C. Brand
United States V. Armstrong: Permissible Prosecutorial Discretion?, Robert C. Brand
Mercer Law Review
In United States v. Armstrong, the Supreme Court explicitly set forth the threshold requirement the defendant must meet in order to be entitled to discovery on a selective prosecution claim. There must be a credible showing that similarly situated persons of other races could have been prosecuted, but were not.