![]() ![]() In addition, Epps proposes restrictions of constitutional requirements in his desire to provide more equity to the criminal justice system, at a time when the Supreme Court is similarly eradicating many Fourth and Fifth Amendment protections. Despite this, however, the implications of his Article, if taken to their rational conclusion, point to eradicating the asymmetry currently favoring defendants in criminal procedure. He also points out - as part of his argument that principles can have unintended, underappreciated, and counterintuitive results - that the actual application of the Blackstone principle might end up harming defendants more than helping them. 3Įpps is comprehensive in his exploration of the Blackstone principle’s dynamic effect on the criminal justice system, and convincingly traces its effect from earliest lawmaking to the modern day. He primarily does so by linking the use of the principle to the well-recognized costs of false acquittals and false convictions, as well as more broadly indicting a political process failure in criminal justice. More originally, Epps seeks to tie many, if not all, of the problems of America’s criminal system onto that hoary old Blackstonian koan. Like many a scholar before him, Epps is interested in diagnosing and solving the ills of the modern criminal justice system. The best of them resonate throughout the ages: “Veni, Vidi, Vici” “All for One and One for All” “Liberty or Death” “A House Divided Cannot Stand” “I Have a Dream.” Daniel Epps’s article, The Consequences of Error in Criminal Justice, 1 tackles the Mount Everest of legal mantras, critiquing the famous Blackstone adage, “etter that ten guilty persons escape, than that one innocent suffer,” 2 and calling for its eradication.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |