Adversarial Asymmetry in the Criminal Process

  • DANIEL EPPS
  • Published 2016
It is a common lament that prosecutors in our criminal justice system are too adversarial. This Article argues that in a deeper sense, prosecutors may not be adversarial enough. The issue—which I call adversarial asymmetry—is that, as political actors, prosecutors have no inherent desire to seek maximal punishment, at least in any consistent way. While… CONTINUE READING