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- Title
TWO CHEERS, NOT THREE, FOR SIXTH AMENDMENT ORIGINALISM.
- Authors
BIBAS, STEPHANOS
- Abstract
An essay is presented on the concept of originalism in criminal procedures in the 21st century. Differences from 18th century trials are highlighted such as the absence of use of the U.S. Federal Rules of Evidence, plea-bargaining and due process clause. It contends that with its different set of considerations, Framers would need extension and confrontation of some of the historical principles to fit the modern landscape of criminal cases. The essayist believes that formalism and originalism can work together.
- Subjects
UNITED States; CRIMINAL procedure; TRIALS (Law); LEGAL evidence; PLEA bargaining; DUE process of law
- Publication
Harvard Journal of Law & Public Policy, 2011, Vol 34, Issue 1, p45
- ISSN
0193-4872
- Publication type
Essay