Comment by Jacob W. McCarty
In Louisiana, a person arrested for a crime may sit in jail for months before being formally charged. This time period is crucial because most courts have held that procedural protections—like those enshrined in the Sixth Amendment—do not inure until charges are formally filed. Yet, during that same period, digital evidence—like crime camera footage—can be deleted or overwritten without any remedy for the arrestee. Using digital evidence as a focal point, this Comment explores the adoption history of the Sixth Amendment, early judicial constructions of the Compulsory Process Clause, and modern Sixth Amendment jurisprudence to argue that the right to compulsory process should apply before indictment.
About the Author
Jacob W. McCarty. J.D. candidate 2021, Tulane University Law School; B.A. 2012, Tulane University.
Citation
95 Tul. L. Rev. 183 (2020)