Alex Kozinski, Crime, Federal Judges, Quote of the Day

Prosecutors Need To Get Religion About Disclosure Obligations

What changes should be made when it comes to disclosure of evidence in criminal cases?

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We say that is is better for nine or ten guilty men to walk free than for one innocent person to be convicted. But we have no evidence that that is what’s happening in our courtrooms at all. It is faith; it is religion.

— Chief Judge Alex Kozinski (9th Cir.), discussing fair evidence disclosure in criminal cases at a recent event hosted by the National Association of Criminal Defense Lawyers (see here, around the 16:45 mark).

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