Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal procedure (4)
- Comparative criminal law (2)
- Access to Justice (1)
- Australian criminal law (1)
- Australian criminal procedure (1)
-
- British criminal law (1)
- Canadian criminal law (1)
- Colombia (1)
- Constitutional Rights (1)
- Criminal Justice (1)
- Criminal justice (1)
- Economic Rights (1)
- English criminal law (1)
- Evidence (1)
- Exclusionary remedies (1)
- Global Poverty (1)
- India (1)
- Inequality (1)
- Interrogation (1)
- Judges (1)
- Justice System (1)
- Liberal Democracies (1)
- Market Economy (1)
- Miranda warning (1)
- Murder (1)
- Omar (1)
- Prisons (1)
- Remedies (1)
- Right to Defense (1)
- Sixth amendment (1)
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Comparative and Foreign Law
The Legal Fiction Of The Right To Defense In The Colombian Criminal Justice System, Manuel Iturralde
The Legal Fiction Of The Right To Defense In The Colombian Criminal Justice System, Manuel Iturralde
Indiana Journal of Global Legal Studies
In the first section of the article, I will discuss Omar's case to show why he did not have a fair trial, and particularly how his rights to access to justice and to defense were infringed, both by the public defense he was provided and by the judges that decided his case.
In the second section, I will show that Omar's case is a tellingillustration of the features of the Colombian criminal justice system, which systematically and disproportionately sentences and imprisons marginalized and poor people-in great measure because they lack the financial resources to pay for better and more motivated …
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar
Articles by Maurer Faculty
Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Articles by Maurer Faculty
This article examines interrogation practices in detail in three systems: the American, the English (and Welsh), and the Canadian while also discussing rules from various other countries. It considers when the Miranda-type warnings (required in all three systems) must be given and when suspects will be deemed to have waived their rights. This article further discusses how reliability and voluntariness of confession is assured. Finally, a particular emphasis is placed on the issue of when a suspect's silence during interrogation may be used against him in court. The article concludes that American courts have not done enough to ensure reliability …
Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley
Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley
Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Book Review. Howard, P., Criminal Justice In England, Jerome Hall
Book Review. Howard, P., Criminal Justice In England, Jerome Hall
Articles by Maurer Faculty
No abstract provided.