POSC 130g Lecture 10: POSC130-lecture 10 (adversarial legalism)
Document Summary
Putting the u. s. criminal justice system in perspective (cross nationally and over time) Criminal procedure introduction: the public policy of criminal justice rights, a brief detour into fisa and the war on terror. Overview of the transformation of criminal procedure in the united states: before the right to counsel, after the right of counsel. Critical to kagan"s explanation for the puzzles of adversarial legalism: (culture + institutionalism are his focus) Perservation of individual rights (y) vs. the effectiveness of law enforcement (x) (cid:498)easy(cid:499) case giving up only a few rights to get much more effective law enforcement. (cid:498)easy(cid:499) case giving up a lot of rights to get only a little more effectiveness. Foote"s article is a famous ethnographic study of the criminal justice system prior to the right to counsel (circa 1951-1954) General anti-loitering statutes, which were later struck down as unconsitutionally vague (cid:523)meaning they were so vague that they violated a defendant"s right to due process)
