The advent of American justice, in criminal proceedings, is often tied to the constitutional guarantee of the attorney. Our 6th Amendment promises that “in all criminal prosecutions, the accused shall enjoy the right to… have the Assistance of Counsel for his defence.” [1] This is a powerful promise our Founders codified, aiming to level the playing field for criminal defendants thereafter. In many ways, this pledge continues to represent the emphasis on individual rights in the American social contract. But when we take a step backwards, we are reminded that criminal proceedings have an often-overlooked twin: civil law.
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Rebecca Buckwalter-Poza woke up one morning in 2017 to find she had been blocked by @realDonaldTrump on Twitter. Dani Bostick woke up to the same news later that year, as did Annie Rice, an author, William LeGate, a tech entrepreneur, and Caroline Orr, a researcher. Soon, a contingent of Twitter dissenters emerged who all had been banned from the president’s official Twitter page.[1]
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In 1963, a team of Maryland prosecutors failed to disclose an admission by homicide defendant Donald Boblit, setting in motion a case that would eventually establish one of the most important legal checks to prosecutorial misconduct in American jurisprudence. After litigation in county and appellate courts, the Supreme Court published its opinion in Brady v. Maryland. The decision and its progeny aspired not only to buttress the Due Process clause of the 14th Amendment, but also to reaffirm our nation’s commitment to providing a fair judicial process.
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