Equality of Arms and the Adversarial Process: A New Constitutional Right

Jay Sterling Silver, St. Thomas University College of Law

Abstract

In this Article, Professor Silver posits that a recent United States Supreme Court decision, Perry v. Leeke, demonstrates the Court's undermining of fairness in our adversarial system. Professor Silver believes that Perry is a prime example of how the current Court has altered the delicate balance between the prosecution and defense functions in favor of the prosecution. Professor Silver advocates a "constitutional right to an equality of arms" to balance more evenly the scales of justice.