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34 Hamline J. Pub. L. & Pol'y 169 (2012)
Liberty v. Elections: Minority Rights and the Failure of Direct Democracy

handle is hein.journals/hplp34 and id is 193 raw text is: Liberty v. Elections: Minority Rights And The Failure Of Direct Democracy David Schultz' I. Introduction Lawyers are trained to have faith in process and rules. 1 They are trained in law school to believe in the adversarial process and that through trials and a fair play of the rules the truth will emerge and guilt, innocence, or liability will be correctly assessed.2 Procedural justice is the hallmark of the American legal system. Yet the rules of justice are not always neutral. The Innocence Project has demonstrated how often criminal justice yields false positives, convicting individuals of crimes they did not commit only to have DNA or other evidence exonerate them, often years later.3 Increasingly social science evidence demonstrates the unreliability of eyewitness identifications,4 or that there is racial biases in the criminal justice system. This is demonstrated with statistics on racial profiling5 and sentencing disparities.6 Feminists have pointed 1 See Model Rule Pro. Conduct, Preamble, para. 5 (2012), available at http://www.americanbar.org/groups/professional-responsibility/publications/mod elrules_ofiprofessional conduct/modelrules ofprofessional conduct-preamb le.scope.html (describing how attorneys should demonstrate respect for the legal system). 2 James J. Tomkovicz, An Adversary System Defense of the Right to Counsel Against Informants: Truth, Fair Play, and the Massiah Doctrine, 22 U.C. DAVIS L. REV. 1, 44-47 (1988). 3 Jan Stiglitz, Justin Brooks, and Tara Shulman, The Hurricane Meets the Paper Chase: Innocence Projects New Emerging Role in Clinical Legal Education, 38 CAL. W. L. REV. 413, 414-15 (2002). 4 Deborah Davis and Elizabeth F. Loftus, The Dangers of Eyewitnesses for the Innocent: Learning from the past and Projecting into the Age of Social Media, 46 NEW ENG. L. REV. 769, 784 (2012). 5 MILT HEUMANN AND LANCE CASSAK, GOOD Cop, BAD Cop: PROFILING, RACE AND COMPETING VISIONS OF JUSTICE, New York: Peter Lang, 88-92 (2003). 6 Jesse J. Norris, State Efforts to Reduce Racial Disparities in Criminal Justice:

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