Abstract Between 1994 and 2012, California’s Three Strikes Law mandated that first and second strikes must be either violent or serious, but allowed any felony to qualify as a third strike. Moreover, defendants could have been struck out on a “wobbler” offense, which granted discretion to...

Abstract This article offers a unified theoretical framework to address two distinctive forms of adversarial procedure: the bona fide adversarial system and the pseudo-adversarial system. In the former, a harsh contest between the prosecution and the defense is promoted, and an acquittal is...