My initial reaction to Brett Shockley's Note, Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenders, was to admire his courage. Not many people would undertake a discussion of possible injustice to child pornographers, who surely rank with terrorists and drug dealers as the most reviled and least sympathetic claimants for fair treatment. Shockley puts aside the moral condemnation these people deserve, and focuses on the morality of Procedure-the rule of Law if you will-divorced from the worthiness, or lack thereof, of particular defendants. As students of criminal Procedure come to learn, our most precious rights are sometimes invoked and defended by our worst citizens.4 In the final tally, constitutional protections often flow from the intrinsic worth of proper Procedure, aside from the worth of the people who ask for that Procedure.
Recommended CitationRonald J. Bacigal, The Company of Scoundrels, 67 Wash. & Lee L. Rev. 401 (2010).
Available at: https://scholarlycommons.law.wlu.edu/wlulr/vol67/iss1/10