Still, are we better off with our traditional constitutional approach, even if today?s conservative justices don?t have the stomach for it and other countries think we?re nuts? Defense lawyers have long argued yes, prosecutors have argued no, and where you fall in the debate has tended to line up with which side you reflexively favor?whether you worry more about convicting innocent people, or letting guilty ones go. But a recent book by William Stuntz, a Harvard law professor who sadly died last year at age 52, added a forceful new argument to the traditional mix. Stuntz thought that the framers blew it by enshrining procedural rights over substantive justice. They should have worried more about equality in law enforcement, he said?like the French, who in their Declaration of the Rights of Man ?eschewed procedure beyond the simplest safeguards against erroneous convictions, and instead placed tight limits on what conduct could be criminalized.?
Source: http://feeds.slate.com/click.phdo?i=2dfc23b382b82f4dd77abf8ee69d45a4
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