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Full-Text Articles in Law

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom Oct 2011

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert M. Bloom

A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court cases and …


Jury Trials In Japan, Robert M. Bloom Oct 2011

Jury Trials In Japan, Robert M. Bloom

Robert M. Bloom

The Japanese seeking to involve their citizens in the judicial system as well establishing a check on the power of the judiciary have enacted legislation to create jury trials. The type of jury trial enacted by this legislation, which takes effect in 2009, is a mixed-jury system where judges and citizens participate together in the jury deliberation. This article first explores the differences between mixed-juries and the American jury system. It then suggests why the Japanese opted for a mixed-jury system. From that point the article explores psychological theory surrounding collective judgment and how dominant individuals influence the group dynamics. …