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

Document Type

Article

Publication Title

Wisconsin Law Review

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.

First Page

1007

Last Page

1041

Publication Date

1994

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