08/01/2025
New Blog Post by Robert Sanger: The Illusion of Consent in Criminal Law
An excellent law review article was just published on “consent” in criminal law: Kate Weisburd, “Criminal Procedure Without Consent,” 113 Cal.L.Rev. 697 (2025). The author would severely limit (if not eliminate) consent in criminal investigations, law and procedure. Her thesis is based on the disparity in bargaining positions (between the individual – particularly those of color – and the police, prosecutors and courts) and the lack of real benefit to the person giving consent.
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An excellent law review article was just published on “consent” in criminal law: Kate Weisburd, “Criminal Procedure Without Consent,” 113 Cal.L.Rev. 697 (2025). The author would severely limit (if not eliminate) consent in criminal investigations, law and procedure. Her thesis is based on th...