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Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly
Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly
Erin Daly
In the aftermath of the 1994 genocide in Rwanda, in which almost a million people were killed by their fellow citizens within 3 months, the country was faced with the colossal task of bringing to justice hundreds of thousands of perpetrators while at the same time trying to rebuild the communities in which both the victims and the perpetrators had lived. This article argues that the regime of gacaca courts, though flawed in many ways, particularly from a western perspective, does nonetheless offer the potential for helping the communities within Rwanda to transform themselves. The form and structure of gacaca …
Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen
Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen
Jean M. Eggen
Although tens of thousands of Americans die from gun violence every year, the regulation of firearms remains inadequate. Those who are injured, or the survivors of those killed by guns, therefore have sought relief through tort law against those who manufacture these uniquely deadly products. With rare exceptions, however, these suits have been unsuccessful. Most courts have found that the conduct of gun manufacturers is not actionable under strict product liability doctrine, negligence, or the law of abnormally dangerous activities. This Article argues that courts have been too reluctant to apply tort liability to gun manufacturers. It is possible and …
Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo
Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo
Richard A. Leo
This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in Japan. The chapter reviews the social science and legal scholarship on Miranda's impact on American interrogation practices and suspect behavior, concluding that most American suspects continue to waive their rights and law enforcement personnel continue to obtain a high number of confessions and convictions. Next, the chapter discusses the contemporary law and practice of interrogation in Japan. In Japan, interrogation appears to be routinely psychologically coercive and virtually all defendants make either partial admissions or full confessions to alleged offenses. Confessions are regarded as superior …