One of the greatest challenges facing practitioners in retentionist states involves the lack of sufficient due process safeguards. Due process is a broad concept, but in general refers to those procedural protections that are necessary to ensure that the accused is subject to a fair and impartial trial. The concept of equality of arms is also essential to this definition: the defense must be granted autonomy, confidentiality, the power to challenge the government’s case, and adequate resources that are at least equal to those provided to the government to investigate the charges and prepare a defense.

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