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Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
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- Autonomous weapons; autonomous weapons systems; weapons systems; drones; autonomous drones; war; law of war; international law; rule of law; accountability; military; conflict; war and peace; procedure; procedural law; weapons; artificial intelligence; AI; international humanitarian law; humanitarian; Geneva Convention; Yaounde Code; regional agreements; international agreements (1)
- Non-Prosecution Agreements; Jeffrey Epstein; Crime Victims' Rights Act; USAO; Courtney Wild; Department of Justice; Office of Professional Responsibility; Prosecutorial Discretion; Professional Misconduct; Crime Victim Rights; Pre-Charge Proceedings; Unconscionability; Contract Law; Procedural Unconscionability; Substantive Unconscionability; Courtney Wild Crime Victims' Rights Reform Act (1)
- Sentencing; prosecutorial breach; breach of contract; contractual rights; plea bargain; guilty plea; right to cure; ineffectiveness of counsel; reasonable expectations; deferred remedy; fairness; collusion (1)
Articles 1 - 3 of 3
Full-Text Articles in Legal Ethics and Professional Responsibility
“A Tale Of National Disgrace”: Applying The Doctrine Of Unconscionability To Establish The Impermissibility Of Secret Non-Prosecution Agreements, Denna Fraley
Journal of Law and Policy
Crime victims are directly harmed by crime and therefore have a stake in, and should be treated as individual participants in the criminal justice process. In recognition of this, Congress passed the Crime Victims’ Rights Act (“CVRA”) in 2004 to enumerate specific rights afforded to crime victims, including the rights to confer with the prosecutor in the case, to be heard at public court proceedings involving a plea or sentencing, to be informed in a timely manner of a plea bargain or deferred prosecution agreement, and to be treated with fairness and respect. Whether the CVRA extends these rights to …
Plea Bargains, Prosecutorial Breach, And The Curious Right To Cure, Michael D. Cicchini
Plea Bargains, Prosecutorial Breach, And The Curious Right To Cure, Michael D. Cicchini
Brooklyn Law Review
When the prosecutor breaches a plea bargain—e.g., by recommending prison instead of the agreed-upon probation—the defendant is entitled to a remedy: either sentencing in front of a different judge or plea withdrawal. However, if defense counsel objects to the breach, the prosecutor may halfheartedly change the recommendation to probation. Most courts have held that to be an effective “cure”—even when the judge then sentences the defendant to prison, as the prosecutor originally recommended. The right to cure, which was intended for commercial sales contracts, fails miserably in the plea-bargain context. In the above example, the attempted cure is too late, …
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Brooklyn Journal of International Law
The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …