On the myth of written constitutions: the disappearance of criminal jury trial
Article Abstract:
The widespread use of plea bargaining to discourage criminal jury trials indicates an area in which the Bill of Rights has failed. An unworkable adversarial system has been the by product of efforts to develop procedural safeguards. As an alternative to costly and time-consuming jury trials, plea bargaining is coercive and dishonest, gives too much power to the prosecutor and subverts the public's right to be informed about criminal proceedings. The US should consider the European model, which combines streamlined procedures with lay participation in all serious criminal cases.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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Counter-revolution in constitutional criminal procedure?
Article Abstract:
The Supreme Court under Chief Justices Burger and Rehnquist has used decision rules instead of conduct rules to alter the norms of criminal procedure established by the Warren Court. The public is unaware of the consequences of these decision rules and thus is overly confident of the criminal justice system's fairness and the constraints placed on law enforcement. However, a number of 'inclusionary rules' have been created by the Burger and Rehnquist Courts that allow the use of evidence even though it was obtained unconstitutionally.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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