Season 3, Episode 5 (Show 109): Wait – Don’t Tell Me!

January 25, 2023

Our discussion of criminal procedure, prompted by the horrific events in Idaho, continues with sixth amendment issues, some anniversaries are noted, and we take your questions.

The aftermath of murders in Idaho saw another terrible crime in Massachusetts, and all these matters raise questions of criminal procedure and the constitution.  We continue our 4th amendment reflection but add the 6th amendment, which has seen little attention on our podcast in the past.  What can a lawyer fairly do in your defense?  Add to this a discussion of the various anniversaries that this past week observed, and the long-promised answering of some great viewers questions, and you have a loaded episode.

Show Notes:

Sixth Amendment, First Principles

Professor Amar’s article from the 1996 Georgetown Law Review, which became part of his later book on The Constitution and Criminal Procedure.

Read and/or Download

The Lawfulness of Section 5 — and Thus of Section 5

Professor Amar writes in the Harvard Law Review Forum on the constitutionality of Section 5 of the Voting Rights Act.

Read and/or Download