Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Criminal Law and Procedure (3)
- Comparative and Foreign Law (2)
- Courts (2)
- Derecho Civil (2)
- International Law (2)
-
- and Voluntariness. (1)
- 9/11 (1)
- Acquittal (1)
- Administrative Law (1)
- Adverse inferences (1)
- African-Americans (1)
- Appeals (1)
- Ashcraft (1)
- Bankruptcy Law (1)
- Bram (1)
- Brown (1)
- Cautions (1)
- Cesión de derechos (1)
- Civil Rights and Discrimination (1)
- Coercive Interrogation (1)
- Commercial Law (1)
- Constitutional Law (1)
- Constitutional Protections for Aliens (1)
- Constitutional Rights in Interrogation (1)
- Criminal (1)
- Criminal Law Jurisprudence (1)
- Criminal defense (1)
- Criminal investigations (1)
- Criminal justice system (1)
- Criminal procedure (1)
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Criminal Procedure
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein
San Diego International Law Journal
More than 240 years ago, Sir William Blackstone, perhaps the most important commentator on the English common law, wrote that when a man is once fairly found not guilty upon any indictment, or other prosecution, before any court having competent jurisdiction of the offence, he may plead such acquittal in bar of any subsequent accusation for the same crime. This plea of autrefois acquit (a former acquittal), Blackstone explained, is based upon the principle that no man is to be brought into jeopardy of his life, more than once for the same offence, which he called a universal maxim of …
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
ExpressO
The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”
No aspect of the “war on terrorism” more clearly addresses this balance than coercive interrogation. …
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
ExpressO
Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.
All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez
All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez
Faculty Publications
No abstract provided.
A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will
Florida State University Journal of Transnational Law & Policy
No abstract provided.
A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib
A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib
Faculty Scholarship
This paper furnishes jury system information about the twenty-eight democracies (excluding the United States) that have been consistently democratic since at least the early 1990s and have a population of five million people or more (with allowance for Mexico and South Africa). I describe general rules that do not always apply to every crime in every context. In the United States, for example, we tend to use a randomly-selected jury of twelve people that sits for a single case; laws generally require unanimity to convict and unanimity to acquit. Failure to reach unanimity results in a “hung” jury, with the …
Self-Incrimination And The European Court Of Human Rights: Procedural Issues In The Enforcement Of The Right To Silence, Mark Berger
Faculty Works
This article provides an analysis of the procedural aspects of the right to silence falling within Art. 6 of the European Convention on Human Rights. The author examines the jurisprudence of the European Court of Human Rights under the following areas: overview, appearance to answer questions, a demand for documents, false responses, warnings and adverse inferences. The subject is discussed at investigation stage, just prior to and during civil and criminal proceedings. The piece concludes with summaries of the jurisprudence in these varying circumstances.
Plea-Bargaining, Negotiating Confessions And Consensual Resolution Of Criminal Cases, Stephen C. Thaman
Plea-Bargaining, Negotiating Confessions And Consensual Resolution Of Criminal Cases, Stephen C. Thaman
All Faculty Scholarship
This report explores the various types of consensual procedures that make up the procedural arsenals of modern criminal justice systems and if and how they have contributed to procedural economy in the respective country. It discusses whether or not important procedural principles have been compromised, undermining the legitimacy of the criminal justice system.
Penal Court Procedures: Doctrinal Issues, Stephen C. Thaman
Penal Court Procedures: Doctrinal Issues, Stephen C. Thaman
All Faculty Scholarship
Volume III: This is an encyclopedia entry on doctrinal issues in penal court procedures.
The Good, The Bad, Or The Indifferent: '12 Angry Men' In Russia, Part Of Symposium: The 50th Anniversary Of '12 Angry Men', Stephen C. Thaman
The Good, The Bad, Or The Indifferent: '12 Angry Men' In Russia, Part Of Symposium: The 50th Anniversary Of '12 Angry Men', Stephen C. Thaman
All Faculty Scholarship
Sidney Lumet’s 1957 film, 12 Angry Men, based on the screenplay by Reginald Rose, has become the emblem of the American jury trial as an anti-authoritarian institution based on democratic consensus building. This essay discusses the interplay of literature and criminal justice in pre-Revolution Russia, for this is the cultural soil upon which the film 12 Angry Men was received in Soviet Russia, when it was first screened in 1961. It discusses the reception of 12 Angry Men in Soviet Russia in 1961 and the impact it had on Soviet-era citizens in their understanding of American and Soviet criminal justice, …
Consensual Penal Resolution, Stephen C. Thaman
Consensual Penal Resolution, Stephen C. Thaman
All Faculty Scholarship
Volume I: This is an encyclopedia entry on consensual penal resolution.
Guilty Pleas And Barristers' Incentives: Lessons From England, Peter W. Tague
Guilty Pleas And Barristers' Incentives: Lessons From England, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
When considering the defendant's plea, barristers, like lawyers, have two overriding, selfish interests: maximizing remuneration and avoiding sanction. The tension between defendant and defender is most acute when the defendant is indigent and the defender has been chosen to represent him. It is their relationship that is addressed in this article.
The goal is to align the defender's selfish interests with the defendant's need for thoughtful advice over how to plead, so that, behind the guise of apparently disinterested advice, the advocate is not pursuing his interests at the defendant's expense. By contrast to most American practice, the method of …
Economics Of Plea Bargaining, Richard Adelstein
Economics Of Plea Bargaining, Richard Adelstein
Richard Adelstein
A short summary of earlier work for a sociological audience.