Bibas discusses Scalia's pro-defendant doctrines The Federalist Society at Marquette University Law School was pleased to host a lecture by Stephanos Bibas (right) on “Originalism and Formalism in Criminal Procedure.” In particular, he evaluated the unlikely role Justice Antonin Scalia has played – friend of criminal defendants. During the April 13 event in Eisenberg Hall, Bibas discussed two recent lines of cases, governing the admissibility of hearsay in criminal trials and judicial fact-finding at sentencing. In those cases Scalia has driven major new pro-defendant doctrines in criminal procedure. Though he is normally thought of as hostile to criminal defendants, he justifies these doctrines based on originalism and formalism. Bibas pondered what these doctrines mean? To what extent has the rest of the Court bought into them? And, are these developments that those sympathetic to Federalist Society principles should embrace? Bibas is a former federal prosecutor. He is particularly qualified to comment on the U.S. Supreme Court because he clerked for Justice Anthony Kennedy during the 1997-’98 term.