The Sixth Amendment Rights To Fairness: The Touchstones of Effectiveness and Pragmatism
Date
2012
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Analyzes the link between the Sixth Amendment to the concept of fairness. Moreover, in trying to protect and extend the functions and interests that lie behind these rights, a systemic view is warranted and helpful. Further examines how the interests of fairness can be furthered by administrative mechanisms and aided by actors in the system beyond defense attorneys and their experts and agents.
Description
Keywords
Frequently ignored features of the criminal procedure, Cumulative predominance of the state criminal justice systems despite academic preoccupation, Limited adequacy of counsel for indigent defendants, Limited percentages of criminal cases that go to trial, Attraction of procedures that enhance the protection of the innocent, Innocence as an enabler to progressive reform, Narrow focus on proof of certain innocence, Fairness, pragmatism, and effectiveness through administrative design, Provision of neutral forensic investigators and analysis, Full open-file discovery, Neutrality by design of prosecutorial investigative and screening functions, Sixth Amendment rights to counsel before and at trial and confrontation, Improving the operation of the right to counsel at trial, Unlikely doctrinal reformulation, Improving assistance of counsel, Protecting the Sixth Amendment right to assistance of counsel pretrial, Confrontation
Citation
Robert P. Mosteller, The Sixth Amendment Rights To Fairness: The Touchstones of Effectiveness and Pragmatism, 45 Tex. Tech L. Rev. 1 (2012-2013)