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Fifty Years Before Brady

37 Champion 34 (2013)

5 Pages Posted: 10 Aug 2013  

Colin P. Starger

University of Baltimore - School of Law

Date Written: August 9, 2013

Abstract

In marking the fiftieth anniversary of Brady v. Maryland, a fitting way to appreciate the historic significance of Justice Douglas’ opinion for the Court is to turn back the pages another fifty years. Brady’s profound contribution to our criminal justice system becomes apparent by considering the impoverished state of the Supreme Court’s due process doctrine as it stood a century ago. In the fifty years that led up to Brady, the Court confronted a series of racially and politically charged cases that forced constitutional soul searching about due process in the face of rank injustice. The story of the Court’s fractious opinions in these dramatic cases – Frank v. Magnum, Moore v. Dempsey, and Mooney v. Holohan – is thus the story of what made Brady’s soaring vision of justice and fairness both possible and necessary. This Essay tells that story.

Keywords: Brady v. Maryland, due process, notice and hearing, substantive justice

Suggested Citation

Starger, Colin P., Fifty Years Before Brady (August 9, 2013). 37 Champion 34 (2013). Available at SSRN: https://ssrn.com/abstract=2307844

Colin P. Starger (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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