Learn how you can help ensure that the principle of due process endures this crisis
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The constitutional right to a fair defense encompasses a wide variety of much-needed reforms. Chief among these is the improvement of “discovery” in criminal cases, which refers to the process in which an accused person is given timely access to all the information about their case that is in the hands of the government.
We also support the recording of all custodial interrogations, providing meaningful opportunity to confront witnesses (particularly snitches), and using only valid forensic science in the courtroom.
Due Process Institute advocates for enforcement of the constitutional right to a prompt and fair trial. Reducing unnecessary delays helps protect defendants’ rights and maintains public confidence in the justice system.
Learn about Due Process Institute’s policy work to guarantee fair trials.
Discover how Due Process Institute advocates in the courts for fair trials.
Interested in learning about what constitutes a fair trial?
In the case of U.S. v. Gozes-Wagner–perhaps the first of its kind but not the last–Due Process Institute asked the court to consider if the government has pursued a “trial penalty” (adding charges and recommending a higher sentence) against a defendant who exercised her right to trial.
The United State Court of Appeals for the Fifth Circuit agreed with Due Process Institute that federal Circuit courts have a duty to determine whether a district court sentenced an individual more harshly because they went to trial instead of pleading guilty. You can read the court’s full opinion here.
Due Process Institute thanks Jonathan Marcus and Michael McIntosh of DC’s Skadden office for their amicus support on this matter.