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Articles 1 - 23 of 23
Full-Text Articles in Entire DC Network
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
Publications
This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …
Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles
Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles
In the Public Interest
No abstract provided.
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Penn State International Law Review
No abstract provided.
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Faculty Publications
No abstract provided.
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Penn State International Law Review
No abstract provided.
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Washington International Law Journal
The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Faculty Publications
No abstract provided.
A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown
A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown
ILSA Journal of International & Comparative Law
The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris
ILSA Journal of International & Comparative Law
During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
ILSA Journal of International & Comparative Law
In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.
Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman
Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman
ILSA Journal of International & Comparative Law
The Treaties
The recent ratification by the United States of the International Covenant on Civil and Political Rights (ICCPR)' and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention)2 raise important possibilities for the rights of criminal defendants in United States courts
New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken
New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken
Penn State International Law Review
No abstract provided.
Keeping The Peace-British, Israeli, And Japanese Legislative Responses To Terrorism, Matthew H. James
Keeping The Peace-British, Israeli, And Japanese Legislative Responses To Terrorism, Matthew H. James
Penn State International Law Review
No abstract provided.
Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford
Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford
Michigan Journal of Race and Law
This Article attempts to assess the experiences of post-apartheid South Africa in the realm of national security law by examining key issues from constitutional, statutory, and policy perspectives. It observes that South Africans now have a great "window of opportunity" that allows them to establish the habits and mores necessary to a working security oversight regime, and argues that the way in which South Africa strikes a balance between the requirements of national security and the preservation of personal liberties is of enormous importance to the Republic's future. It further contends that South Africa's choices in this arena could have …
The Death Penalty: The Usa In World Perspective, Roger Hood
The Death Penalty: The Usa In World Perspective, Roger Hood
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman
The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman
All Faculty Scholarship
This paper focuses on the dialectic between the search for truth, adversarial procedure, and lay participation in the preparation, presentation, and evaluation of evidence in criminal trials. Its primary focus is on the reintroduction of trial by jury in two classic inquisitorial criminal justice systems, Russia (1993) and Spain (1995), as a catalyst in those countries’ move to adversary procedure. It focuses on the effect of the jury system on preparing evidence for trial, the presentation of evidence at trial, and the evaluation of evidence.
Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman
Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman
All Faculty Scholarship
This article discusses Spain’s history of trial by jury, focusing on the reinstatement of trial by jury in Spain by the 1995 jury legislation implementing Article 125 of the post-Franco Spanish Constitution. It discusses key provisions of the new Spanish jury law with illustrations from the cases of Otegi and others. It also predicts as to whether the classic jury will acquit itself as a catalyst for criminal justice reform in a Civil Law system such as that of Spain.
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
Michigan Journal of Race and Law
The road to democracy for South Africa was based on compromise. One of the most significant compromises made by the negotiators was the acceptance of an amnesty process culminating in the passage of the Promotion of National Unity and Reconciliation Act of 1995. The Act grants full indemnity from criminal and civil prosecution to anyone affiliated with a political organization who committed an "act associated with a political objective" and who fully discloses all relevant facts. The purpose of the Act is twofold: to establish the "truth" about the apartheid past and to promote "reconciliation" among South Africans. Unfortunately, such …
Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman
Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Articles & Chapters
This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …
Martial Lawlessness: The Legal Aftermath Of Kwangju, James M. West
Martial Lawlessness: The Legal Aftermath Of Kwangju, James M. West
Washington International Law Journal
On August 26, 1996, two former presidents of the Republic of Korea, Chun Doo-Hwan and Roh Tae-Woo, were convicted of insurrection, treason, and corruption. The charges arose out of their December 1979 coup and the ruthlessly violent suppression of a democratic protest in the city of Kwangju in May 1980. This article recounts the origins and analyzes the progress of this dramatic criminal trial, which has attracted worldwide attention. The current South Korean head of state, President Kim Young-Sam, has depicted the conviction of his predecessors as a historic juncture opening a new era of constitutionalism for Korea. Despite the …
Corruption And Organized Crime: Lessons From History, Margaret E. Beare
Corruption And Organized Crime: Lessons From History, Margaret E. Beare
Articles & Book Chapters
The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960's and 1970's, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …
Rethinking Equality In The Global Society, Clark D. Cunningham
Rethinking Equality In The Global Society, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.