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Duke Law

2009

Criminal Law

Due process of law

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Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington Jan 2009

Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington

Faculty Scholarship

Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?