Learn how you can help ensure that the principle of due process endures this crisis.

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    • Our Name
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    • Internship Program
    • Opportunities
    • Our Sister Organization
  • Blog
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    • Procedural Fairness
    • Accountability
    • Amicus
    • COVID Due Process Issues
  • Giving
    • Donate Money
    • Donate Stock
4th Amendment. 5th Amendment. 6th Amendment. 8th Amendment.

Procedural Fairness.

Our Constitution contains multiple procedural due process rights that are critically important to our democracy and to our country's vision of justice. When any of them are eroded, our system fails to operate as it was intended.

How do we engage on preserving due process rights?

Through research, education and legal advocacy, we:

~Rethink Laws + Practices that Erode your Right to be Free from Unreasonable Searches + Seizures

~Identify Impediments to Your Right to a Speedy + Fair Trial

~Restore The Grand Jury's Function As a Shield, Not a Sword

~Ensure People Have Fair Notice of What is Criminalized

~Explore Ways to Ensure Meaningful Access to Defense Counsel

~Address Excessive Bail, Fines, or Fees

Emerging Scholarship In Criminal Law and Policy

Conversation with Professor Carissa Byrne Hessick on Punishment Without Trial: Why Plea Bargaining Is A Bad Deal

Despite the popular understanding that everyone is innocent until proven guilty, the government engages in practices that punish large numbers of Americans—depriving them of their time, their property, and even their liberty—without the benefit of a jury trial or other essential procedural rights. These practices have enabled mass incarceration and eroded the framers’ vision for a system of due process that limits the government’s ability to punish its citizens indiscriminately.  

Carolyn Iodice, Senior Counsel at Clause 40 Foundation, and Professor Carissa Byrne Hessick, Ransdell Distinguished Professor of Law at the University of North Carolina School of Law and Director of the Prosecutors and Politics Project, discuss Hessick's new book, Punishment Without Trial: Why Plea Bargaining is A Bad Deal, a timely exploration of how plea bargaining prevents true criminal legal reform. Their conversation covers how the system got to this point, how it unfairly burdens individuals and communities, and how we can fix it. 

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