Wednesday, September 29, 2010
James Stribopoulos (Osgoode Hall Law School) has posted Packer's Blind Spot: Low Visibility Encounters and the Limits of Due Process vs. Crime Control on SSRN. Here is the abstract:
This paper will proceed in three parts. In Part I, Packer’s seminal theory will be introduced and his two models briefly explained. Next, in Part II, the paper will review the competing accounts of the criminal process that have emerged to challenge Packer’s theory. Finally, in Part III, the paper will offer a critique of Packer’s theory by drawing on the empirical research (reviewed in Part II(a)), as well as the experience in both the United States in Canada since Packer penned his account.