Rights Forfeiture and Procedural Rights

Christopher Heath Wellman
Department of Philosophy
Washington University in St. Louis

Monday, Feb 25, 2013
3:00 – 5:00 pm
Room 200, Larkin Building

In this paper I defend the stark thesis that, absent special circumstances, there are no judicial procedural rights.  I first argue that there is no general moral right against double jeopardy.  Next I explain why punishing a criminal without first establishing her guilt via a fair trial does not necessarily violate her rights.  And finally, after responding to a number of possible objections, I consider the implications of my arguments for the human right to due process.