NACDL - Weaver v. Massachusetts

Weaver v. Massachusetts

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner.

Brief filed: 03/03/2017

Documents

Weaver v. Massachusetts

United States Supreme Court; Case No. 16-240

Prior Decision

Case below 474 Mass. 787, 54 N.E.3d 495 (July 20, 2016.

Argument

The right to a public trial is too important to be forfeited by counsel's incompetence. The right to a public trial has always been recognized as fundamental to the integrity of the criminal justice system. For centuries, courts and commentators have emphasized the importance of public trials. Public trials protect the integrity of the criminal justice system in several ways. The right to a public trial should not be inadvertently forfeitable through counsel's incompetence.

Author(s)

Stuart Banner, UCLA School of Law Supreme Court Clinic, Los Angeles, CA; David M. Porter, NACDL, Washington, DC.