Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Criminal Law

An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave Oct 1997

An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave

Publications

This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …


Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi Sep 1997

Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi

Penn State International Law Review

No abstract provided.


Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont Sep 1997

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review

No abstract provided.


Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith May 1997

Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith

Penn State International Law Review

No abstract provided.


Drugs And Corruption In Latin America, Olukonyinsola Ajayi May 1997

Drugs And Corruption In Latin America, Olukonyinsola Ajayi

Penn State International Law Review

No abstract provided.


The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young May 1997

The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young

Penn State International Law Review

No abstract provided.


International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …


Richard B. Lillich's Contributions To United Nations Sanctions Enforcement Law, Paul Conlon Jan 1997

Richard B. Lillich's Contributions To United Nations Sanctions Enforcement Law, Paul Conlon

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Death Penalty: The Usa In World Perspective, Roger Hood Jan 1997

The Death Penalty: The Usa In World Perspective, Roger Hood

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman Jan 1997

The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman

All Faculty Scholarship

This paper focuses on the dialectic between the search for truth, adversarial procedure, and lay participation in the preparation, presentation, and evaluation of evidence in criminal trials. Its primary focus is on the reintroduction of trial by jury in two classic inquisitorial criminal justice systems, Russia (1993) and Spain (1995), as a catalyst in those countries’ move to adversary procedure. It focuses on the effect of the jury system on preparing evidence for trial, the presentation of evidence at trial, and the evaluation of evidence.


Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman Jan 1997

Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman

All Faculty Scholarship

This article discusses Spain’s history of trial by jury, focusing on the reinstatement of trial by jury in Spain by the 1995 jury legislation implementing Article 125 of the post-Franco Spanish Constitution. It discusses key provisions of the new Spanish jury law with illustrations from the cases of Otegi and others. It also predicts as to whether the classic jury will acquit itself as a catalyst for criminal justice reform in a Civil Law system such as that of Spain.


Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews Jan 1997

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …