Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
Convicting The Innocent In Transnational Criminal Cases: A Comparative Institutional Analysis Approach To The Problem, Song Richardson
Convicting The Innocent In Transnational Criminal Cases: A Comparative Institutional Analysis Approach To The Problem, Song Richardson
Articles in Law Reviews & Other Academic Journals
The adjudication of transnational criminal cases is burdened by a very narrow compulsory process mechanism known as Mutual Legal Assistance Treaties. These treaties regularize foreign evidence gathering for prosecutors and explicitly prevent their use by criminal defendants. The danger of inaccurate verdicts and wrongful convictions that may result from unequal access to evidence highlights the need to resolve this flawed transnational adjudication process, and specifically, its evidentiary method. Building on the works of Neil Komesar, Ronald Coase, and Mancur Nelson, the author utilizes a comparative institutional analysis approach to consider the question of how to obtain parity between the prosecution …