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Criminal Procedure

Selected Works

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2016

Articles 1 - 4 of 4

Full-Text Articles in Law

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead Aug 2016

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square. This Article examines the question of how scientific methods and …

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The Briseno Dilemma, T. Alper, S. Rudenstine Aug 2016

The Briseno Dilemma, T. Alper, S. Rudenstine

Ty Alper

No abstract provided.

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The Briseno Dilemma, T. Alper, S. Rudenstine Aug 2016

The Briseno Dilemma, T. Alper, S. Rudenstine

Ty Alper

No abstract provided.

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The French Case For Requiring Juries To Give Reasons. Safeguarding Defendants Or Guarding The Judges?, Mathilde Cohen Dec 2015

The French Case For Requiring Juries To Give Reasons. Safeguarding Defendants Or Guarding The Judges?, Mathilde Cohen

Mathilde Cohen

This chapter provides a descriptive and analytical examination of the requirement for lay jurors to give reasons for their decisions.  In the 2010 case of Taxquet v. Belgium, the European Court of Human Right announced a new right for criminal defendants “to understand verdicts.”  This jurisprudence has prompted a number of Council of Europe countries to overhaul their criminal procedure, including France, which now requires that its mixed courts, in which professional and lay judges deliberate collectively, justify their decisions on guilt or innocence.  Descriptively, the chapter presents the Strasbourg court’s position as well as the French response to …

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