“Part of my argument is that the people/defendant dichotomy constructs a limited and exclusionary view of which “public” matters in criminal adjudication. If we think of all members of the public as represented by “the People” and all those who might side with a defendant as “biased,” then we entirely exclude from criminal adjudication those who would disagree with a prosecution or support a defendant.“

Law and Political Economy

November 26, 2018