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Yes: litigants deserve a justice with an open mind

Article Abstract:

Comments that US Supreme Court Justice Antonin Scalia made at Catholic University claiming that there is no constitutional right to die were inappropriate and may constitute an ethical violation. Central to the judicial role is the belief that judges will remain open and undecided until arguments have been completed. Scalia's statement impairs the fairness of upcoming cases because he has made it evident to advocates of the right to die that he will not be giving their arguments any consideration.

Author: Bonventre, Vincent Martin
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
Courts, Supreme Court, Analysis, Beliefs, opinions and attitudes, Judicial ethics, Ethical aspects, United States. Supreme Court, Scalia, Antonin

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Yes: victims deserve justice no less than defendants

Article Abstract:

A constitutional amendment on victims' rights would allow victims the basic rights of being informed, being present and being heard at key parts of the trial. At present, victims are without rights in the judicial process. Giving them basic rights will not divest the accused of any rights, but will allow the courts to balance the interests of both sides. This balance can be achieved only if both sides have rights.

Author: Kyl, Jon, Feinstein, Dianne
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996

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No: the costs would be too high

Article Abstract:

A constitutional amendment on victims' rights would rearrange government policies so as to divert resources away from stopping crime and other law enforcement efforts. The amendment would also detract from the rights of criminal defendants. Such an amendment would also result in more administrative work and an extension of federal authority into the preserve of state and local governments.

Author: Yackle, Larry W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996

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Subjects list: United States, Remedies, Political aspects, Victims of crimes, Crime victims, Constitutional amendments
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