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Italian Language and Literature

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Brigham Young University

2020

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Impartiality: A Comparison Of Legal Processes In The United States And Italy, Robert Borden Apr 2020

Impartiality: A Comparison Of Legal Processes In The United States And Italy, Robert Borden

Undergraduate Honors Theses

This thesis examines the constitutional guarantees of impartiality granted in both the United States and Italian constitutions. Aided by the presentation of these two constitutional legal systems, this paper will attempt to break apart the elements of each system and point out key differences. By pointing out the differences in these systems including variations in their founding documents, the structure of the courts, the role of the judges, the role of the advocates, and the role of other key players, this paper will show that while individual cases in both countries are exposed to multiple biases throughout the legal process, …