TITLE

TWO CHEERS, NOT THREE, FOR SIXTH AMENDMENT ORIGINALISM

AUTHOR(S)
BIBAS, STEPHANOS
PUB. DATE
January 2011
SOURCE
Harvard Journal of Law & Public Policy;Winter2011, Vol. 34 Issue 1, p45
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
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.
ACCESSION #
58113034

 

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