Adversarial Asymmetry in the Criminal Process

@inproceedings{Epps2016AdversarialAI,
  title={Adversarial Asymmetry in the Criminal Process},
  author={Daniel Epps},
  year={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 commentators tend to see this as a good thing, adversarial asymmetry helps explain a range of seemingly disparate pathologies in the… CONTINUE READING

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