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Invoking Criminal Equity's Roots, Cortney Lollar
Invoking Criminal Equity's Roots, Cortney Lollar
Law Faculty Scholarly Articles
Equitable remedies have begun to play a critical role in addressing
some of the systemic issues in criminal cases. Invoked when other
solutions are inadequate to the fair and just resolution of the case,
equitable remedies, such as injunctions and specific performance,
operate as an unappreciated and underutilized safety valve that
protects against the procedural strictures and dehumanization that are
hallmarks of our criminal legal system. Less familiar equitable-like
legal remedies, such as writs of mandamus, writs of coram nobis, and
writs of audita querela, likewise serve to alleviate fundamental errors
in the criminal process. Several barriers contribute to the …