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http://ssrn.com/abstract=2164514
 
 

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The Sixth Amendment Rights to Fairness: The Touchstones of Effectiveness and Pragmatism


Robert P. Mosteller


University of North Carolina (UNC) at Chapel Hill - School of Law

October 25, 2012

45 Texas Tech Law Review, Volume 1, 2012
UNC Legal Studies Research Paper No. 2164514

Abstract:     
The Sixth Amendment is aptly described by Akhil Amar as the “heartland of constitutional criminal procedure.” It is a major part of the Framers’ designed to ensure a fair trial and provides the opportunity for the accused to challenge the prosecution’s case and to demonstrate innocence. However, as woeful inadequate funding for indigent defense undercuts the reality of the constitutional right to counsel and as trials become more and more rare, a broader focus is needed.

In a time in which it is painfully obvious that we have limited resources available to meet public needs and a reticence to extend legal doctrines, those interested in progressive reform should look beyond developing new legal doctrine. The fundamental Sixth Amendment interest in fairness can be furthered by administrative mechanisms and aided by actors in the criminal justice system beyond defense attorneys. The victories may not be stirring or draw public note, but for the individuals not prosecuted or incarcerated erroneously, they can be extraordinarily significant and fulfill the basic promise of the Sixth Amendment.

Number of Pages in PDF File: 31

Keywords: Sixth Amendment, Procedural Fairness, Innocence, Administrative Design

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Date posted: October 25, 2012  

Suggested Citation

Mosteller, Robert P., The Sixth Amendment Rights to Fairness: The Touchstones of Effectiveness and Pragmatism (October 25, 2012). 45 Texas Tech Law Review, Volume 1, 2012; UNC Legal Studies Research Paper No. 2164514. Available at SSRN: http://ssrn.com/abstract=2164514

Contact Information

Robert P. Mosteller (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
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