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Full-Text Articles in Law
Egypt: Criminal Procedure, Sadiq Reza
Egypt: Criminal Procedure, Sadiq Reza
Faculty Scholarship
This chapter presents the criminal-procedure law of Egypt according to the sources of that law: the 1971 Constitution, the 1950 Code of Criminal Procedure, the 1958 Emergency Law, and other legislation; decisions by the Supreme Constitutional Court (SCC), the Court of Cassation, and other organs of the Egyptian judiciary; and administrative and executive regulations. Included are references to controversial aspects of this law and its practice, such as the use of military courts, state security courts, and emergency courts and powers. The chapter thus serves as an introduction to modern Egyptian criminal procedure and a reference source for scholars and …
A Public Choice Theory Of Criminal Procedure, Keith N. Hylton, Vikramaditya Khanna
A Public Choice Theory Of Criminal Procedure, Keith N. Hylton, Vikramaditya Khanna
Faculty Scholarship
We provide an additional justification for the pro-defendant bias in Anglo-American criminal procedure that supplements the most commonly forwarded justifications to date. The most commonly forwarded rationale for the prodefendant bias is that the costs of false convictions-specifically, the sanctioning and deterrence costs associated with the erroneous imposition of criminal sanctions-are greater than the costs of false acquittals. We argue that this rationale provides at best a partial justification for the extent of prodefendant procedural rules. Under our justification, prodefendant protections serve primarily as constraints on the costs associated with rent seeking in the law enforcement process. The theory developed …