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Legal Pluralism And The Rule Of Law: Can Indigenous Justice Survive?, David Pimentel 2009 University of Idaho

Legal Pluralism And The Rule Of Law: Can Indigenous Justice Survive?, David Pimentel

David Pimentel

The clash between modern statutory justice systems and the traditional systems of indigenous communities is not on a level playing field. Even where legal pluralism is formally recognized, the conflict threatens the continued relevance of customary law.  If these non-Western legal systems are to maintain their relevance and vitality, if they are even to have a place in the new global community, those agencies and individuals engaged in promoting the rule of law, economic development, or respect for human rights must resist the impulse to simply impose the Western laws and legal institutions.  Instead, reform-minded agencies and individuals should seek ...


Juror Expectations For Scientific Evidence In Criminal Cases: Perceptions And Reality About The "Csi Effect" Myth, Hon. Donald E. Shelton 2009 Eastern Michigan University

Juror Expectations For Scientific Evidence In Criminal Cases: Perceptions And Reality About The "Csi Effect" Myth, Hon. Donald E. Shelton

Hon. Donald E. Shelton

This article originated from the author's presentation at the 2010 Cooley Law School Symposium on the "CSI Effect". It reviews the results of two empirical studies of Michigan jurors in diverse jurisdictions, which previously concluded that the "prosecutor version" of the so-called CSI effect cannot be substantiated empirically. The article then describes merged data from the two studies and the analysis of that marged data. The data supports the earlier suggestion of a "tech effect" based on cultural changes, rather than any direct impact from certain television programs or genres. It is suggested that while the prosecutor version of ...


Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira 2009 Universidad Diego Portales

Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira

Claudio Fuentes Maureira

One of the main reasons that justified the criminal procedure reform in Latin America was the possibility to overcome and changed different practices that were very problematic. One of these complex situations was the excessive use of pre-trial detention in the context of criminal investigations; in particular, the abuse of this institution had a dangerous outcome when it comes to the protection of the human rights of the detainees.

From the mid 90’s onwards, most of the Latin American countries started a reform of their criminal institutions and proceedings. A considerable portion of the legal framework was heavily modified ...


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