The 1900s

Much like the post-Revolutionary period, the early 1900s and up through the 1960s dramatically changed criminal procedure and the operation of the courts. The “due process revolution” of the 1900s[1] changed the courts from one-sided affairs with all-powerful judges to adversarial proceedings in which defendants have many rights.  If you think about the way courts operate today, you will see what I mean.  Remember that in the old days, defendants could not call witnesses?  Or have a lawyer to represent them? And sentencing was an arbitrary process fraught with discriminatory bias. We have come a long way.  Now, thanks to the Supreme Court’s interpretation of the Bill of Rights and the Due Process Clause, American law provides criminal defendants with a plethora of rights and privileges.  Keep this point in the back of your mind as we move throughout the prosecutorial process.  Every now and then, think about how the case would have been handled in the 1600s, or 1700s... it is amazing to reflect back on how far our laws have come in the relatively short time that we have been a Nation.