The Fallacy of the "New Originalism"
hendersl at ix.netcom.com
Sat Sep 2 17:21:21 PDT 2006
what is "experimental" about discovery/disclosure? *Brady * doesn't
require a one-way ratchet, so states and feds remain free to require
defense disclosure of alibi, insanity, diminished capity, etc. defenses
while requiring the prosecution to disclose all of its evidence. And
even then the defense has to "request" it to trigger *Brady.*
On Sep 2, 2006, at 1:20 PM, Earl Maltz wrote:
> Brady stifles innovation by preventing the federal and state
> governments from experimenting with other systems for dealing with the
> issue of disclosure.
> At 12:23 PM 9/2/2006 -0700, you wrote:
>> why does *Brady* "stifle innovation?"
>> Lynne Henderson
>> On Sep 2, 2006, at 11:19 AM, Earl Maltz wrote:
>>> 1. First, the question of whether the due process clause "stifles
>>> innovation" does not depend upon the question of whether one adopts
>>> a fixed
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