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Criminal Procedure

University of Cincinnati College of Law

Discrimination

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Full-Text Articles in Law

Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt Oct 2023

Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt

University of Cincinnati Law Review

Grand juries in the United States were originally intended to protect people from unwarranted criminal prosecution by the government; however, criticism of federal grand juries in the U.S. throughout the past five decades demonstrates that these deliberative bodies protect prosecutors at the expense of the people subjected to their investigations. Worse still, federal grand jury proceedings circumvent fundamental constitutional rights, direct judicial oversight, and many of the procedural protections of criminal trials; they enable prosecutors to strip unaccused individuals subpoenaed solely for witness testimony of their safety, rights, and liberty. Prosecutorial misconduct has received increasingly widespread attention, especially in recent …


The Antidemocratic Sixth Amendment, Janet Moore Jan 2016

The Antidemocratic Sixth Amendment, Janet Moore

Faculty Articles and Other Publications

Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new …