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Full-Text Articles in Law
Towards A Scientific Standard For The Admissibility And Evaluation Of Psychiatric Evidence In War Crimes Prosecutions, Matthew J. Madalo
Towards A Scientific Standard For The Admissibility And Evaluation Of Psychiatric Evidence In War Crimes Prosecutions, Matthew J. Madalo
Matthew J Madalo
"Towards a Standard for the Admissibility and Evaluation of Psychiatric Evidence in War Crimes Prosecutions" explores the nature and use of psychiatric/psychological defenses and evidence in war crimes prosecutions. Part I of the article focuses on the differing goals and overlapping concerns between psychiatry and the law. In the international criminal legal context, the discussion will center on the types of psychiatric evidence and defenses that have been used or are likely to be used in war crimes prosecutions. Part II analyzes the applicable ICTY, ICR and ICC Statutes, Rules of Procedure and Evidence, and relevant United States common law …
Criminal Forfeiture Procedure In 2007: A Survey Of Developments In The Case Law, Stefan D. Cassella
Criminal Forfeiture Procedure In 2007: A Survey Of Developments In The Case Law, Stefan D. Cassella
Stefan D Cassella
This article is one in a series of annual updates on the rapidly expanding area of criminal asset forfeiture procedure. Organized topically, the article analyzes the recent cases, beginning with those discussing the nature and scope of criminal forfeiture and then continuing through the steps in a criminal prosecution, from indictment through sentencing and the post-trial ancillary proceeding regarding the rights of third parties. The article covers cases decided in 2006. Copyright © 2007 Thomson Reuters/West.
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
Against Orthodoxy: Miranda Is Not Prophylactic And The Constitution Is Not Perfect, Lawrence Rosenthal
Against Orthodoxy: Miranda Is Not Prophylactic And The Constitution Is Not Perfect, Lawrence Rosenthal
Lawrence Rosenthal
In the four decades since the decision in Miranda v. Arizona, two point of consensus have emerged about that decision. The first area of agreement is that Miranda’s rationale for requiring its now-famous warnings is wrong, or at least dramatically overstated. In Michigan v. Tucker, the Court first labeled Miranda warnings as “prophylactic standards.” For their part, Miranda’s advocates do not spend much time defending its conception of unwarned custodial interrogation as inherently coercive. The second point of agreement is that Miranda has turned out to be a failure combating the coercive nature of custodial interrogation. Despite Miranda, coerced confessions …
Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan
Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan
Donald J. Kochan
The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …