Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Crimes (2)
- Criminal procedure (2)
- Efficiency (2)
- Capacity (1)
- Common Law (1)
-
- Crime control (1)
- Crimes Against Humanity (1)
- Criminal Law (1)
- Criminal tribunal (1)
- Darfur (1)
- Discovery (1)
- Discretion (1)
- Due process (1)
- Due process rights (1)
- Elements (1)
- Finality (1)
- Gender-based (1)
- Genocide (1)
- Global crime (1)
- Government Liability (1)
- Grand jury (1)
- Harmless error (1)
- Humanitarian Law (1)
- Indictment (1)
- International Criminal Court (1)
- International Organization (1)
- Investigations (1)
- Jury (1)
- Jury trial right (1)
- MLAT (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis
The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …
Due Process For The Global Crime Era: A Proposal, Song Richardson
Due Process For The Global Crime Era: A Proposal, Song Richardson
Articles in Law Reviews & Other Academic Journals
This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.