Anmerkungen:
In: The Legacy of Ruth Bader Ginsburg, Scott Dodson, ed., Cambridge University Press, 2015
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments October 1, 2014 erstellt
Beschreibung:
This chapter in "The Legacy of Ruth Bader Ginsburg" reconsiders Justice Ginsburg’s understated but important contributions to constitutional criminal procedure. She is best known for her leadership — as an advocate, scholar, judge, and justice — on gender equality. In criminal procedure cases, Ginsburg’s legacy appears less significant, but some common commitments to fairness emerge from her opinions. This essay suggests a connection between Ginsburg’s advance of “equal citizenship stature” and her efforts to remove systematic barriers to entry that preclude full participation in criminal adjudication. She has highlighted the due process obligations of prosecutors, demanded adequate representation of defendants, expanded the right to confront witnesses, and increased the jury’s role in sentencing determinations. As with her approach to remedying unfairness in discrimination cases, Ginsburg has insisted that the government has an affirmative obligation to provide equal access and fair process