Due Process is No Mere Technicality, Even for the Most Obviously Guilty Defendant
by Professor Geoffrey Corn
“However guilty defendants, upon due inquiry, might prove to have been, they were, until convicted, presumed to be innocent. It was the duty of the court having their cases in charge to see that they were denied no necessary incident of a fair trial.”
This quote from the Supreme Court’s 1932 opinion in Powell v. Alabama reflects a foundational pillar of our criminal justice system: that no matter how obvious a defendant’s guilt may be as a matter of fact, as a matter of law a criminal conviction is valid only if the defendant is afforded the process he is due.
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