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Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams 2017 University of Oklahoma College of Law

Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams

Oklahoma Journal of Law and Technology

No abstract provided.


Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety 2017 West Virginia University

Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety

Northwestern University Law Review

This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny.

In the criminal system, the near absence of any pretrial discovery means ...


Brady Violations And The Due Diligence Rule In Montana, Kathryn Brautigam 2017 J.D. Student, University of Montana, Alexander Blewett III School of Law,

Brady Violations And The Due Diligence Rule In Montana, Kathryn Brautigam

Montana Law Review

Brady Violations and the Due Diligence Rule in Montana


Providing For The Safety Of The Participants Of The Criminal Court Proceedings – The Subject Of Cconcern Of Russian Legislator, Government, Scientists And Practicians, Galina Yakovlevna Borisevich 2017 Perm State University

Providing For The Safety Of The Participants Of The Criminal Court Proceedings – The Subject Of Cconcern Of Russian Legislator, Government, Scientists And Practicians, Galina Yakovlevna Borisevich

Journal of Digital Forensics, Security and Law

For many decades, the problems of the post-criminal impact onto the witnesses, complainants, other participants of the criminal procedures in Russian Federation has no solution. Criminal procedural Codes of 1922, 1923, 1960 did not mentioned them. Gradually, these problems have gained a widespread importance and interpretation. The fear of reprisal from the criminals, their close neighbourhood, the possibility to reprise led to the witnesses’ and the complainants’ refusal to testify or to changing the testimonies. All that negatively influenced substantiating the circumstances of the criminal cases. The absence of the safety measures in the legislation of the USSR and Russia ...


Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna

Nevada Law Journal

No abstract provided.


Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens

Nevada Law Journal

No abstract provided.


Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman

Nevada Law Journal

No abstract provided.


The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia, Pavel Syosoevich Pastukhov, Svetlana Polyakova, Evelina Frolovich 2017 Perm State University

The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia, Pavel Syosoevich Pastukhov, Svetlana Polyakova, Evelina Frolovich

Journal of Digital Forensics, Security and Law

The paper is aimed to analyze implementation of an integrated information system that provides forecasting, monitoring, prevention and elimination of possible threats, such as violation of information support of public authorities, businesses and municipal services and others as well as control of elimination of consequences of emergency situations and offenses with integration under its control action information and control duty subsystems, control, municipal services for their operational cooperation in the interests of of the municipality. In particular, it consideres how this unified system is applied in accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (USAIS ...


The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail 2017 Pepperdine University

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail

Pepperdine Law Review

For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have ...


Tennessee Rule Of Criminal Procedure 36.1'S New Clothes: How The Tennessee Supreme Court's Opinion In State V. Brown Limited The Inherent Authority Of Trial Courts To Correct Illegal Sentences By Overlooking The Plain Language Of 36.1 And The "Jurisprudential Context" From Which Rule 36.1 Developed, 2017 University of Tennessee, Knoxville

Tennessee Rule Of Criminal Procedure 36.1'S New Clothes: How The Tennessee Supreme Court's Opinion In State V. Brown Limited The Inherent Authority Of Trial Courts To Correct Illegal Sentences By Overlooking The Plain Language Of 36.1 And The "Jurisprudential Context" From Which Rule 36.1 Developed

Tennessee Journal of Law and Policy

No abstract provided.


Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran 2017 Fordham University

Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran

21st Century Social Justice

This report conceptualizes the effectiveness and benefits of utilizing the restorative justice model of Victim Offender Mediation (VOM) within the criminal and juvenile justice systems to serve the rights of victims, offenders, and society more justly. Victim Offender Mediation is discussed as a possible alternative justice model which reframes the victim-offender relationship to foster and respect the dignity and worth of each participant. This restorative justice model combats victims’ feelings of helplessness by giving them back their voice, while having the potential to specifically offer relief to those secondarily victimized by the legal system in cases of simple rape. Offenders ...


Context At The International Criminal Court, Hassan Ahmad 2017 Pace University

Context At The International Criminal Court, Hassan Ahmad

Pace International Law Review

In this article, I propose a contextual approach to ICC jurisdiction normatively to be adopted by the Court’s Office of the Prosecutor and Pre-Trial Chamber in investigating and eventually prosecuting crimes under the Rome Statute. Under this contextual approach, I contend that both the Prosecutor and Pre-Trial Chamber are able to consider evidence outside the traditional notions of territorial and temporal jurisdiction to conceptualize a conflict in its entirety. The totality of cross-border and inter-temporal evidence should be considered when deciding whether to investigate attacks that the Prosecutor has a reasonable basis to believe fall within the Court’s ...


Manifesto Of Democratic Criminal Justice, Joshua Kleinfeld 2017 Northwestern Pritzker School of Law

Manifesto Of Democratic Criminal Justice, Joshua Kleinfeld

Northwestern University Law Review

It is widely recognized that the American criminal system is in a state of crisis, but views about what has gone wrong and how it could be set right can seem chaotically divergent. This Essay argues that, within the welter of diverse views, one foundational, enormously important, and yet largely unrecognized line of disagreement can be seen. On one side are those who think the root of the present crisis is the outsized influence of a vengeful, poorly informed, or otherwise wrongheaded American public and the primary solution is to place control over the criminal system in the hands of ...


Local Democracy, Community Adjudication, And Criminal Justice, Laura I. Appleman 2017 Willamette University

Local Democracy, Community Adjudication, And Criminal Justice, Laura I. Appleman

Northwestern University Law Review

Many of our criminal justice woes can be traced to the loss of the community’s decisionmaking ability in adjudicating crime and punishment. American normative theories of democracy and democratic deliberation have always included the participation of the community as part of our system of criminal justice. This type of democratic localism is essential for the proper functioning of the criminal system because the criminal justice principles embodying substantive constitutional norms can only be defined through community interactions at the local level. Accordingly, returning the community to its proper role in deciding punishment for wrongdoers would both improve criminal process ...


Why Prosecutors Rule The Criminal Justice System—And What Can Be Done About It, Jed S. Rakoff 2017 U.S. District Court for the Southern District of New York

Why Prosecutors Rule The Criminal Justice System—And What Can Be Done About It, Jed S. Rakoff

Northwestern University Law Review

Most recognize that federal and state laws imposing high sentences and reducing judicial sentencing discretion have created America’s current plague of mass incarceration. Fewer realize that these draconian laws shift sentencing power to prosecutors: defendants fear the immense sentences they face if convicted at trial, and therefore actively engage in the plea-bargaining process. This allows prosecutors, rather than judges, to effectively determine the sentences imposed in most cases, which creates significant sentencing discrepancies that most often are unrecorded and cannot be measured. This Essay proposes a solution that would not require legislative change to be put into effect: to ...


Fragmentation And Democracy In The Constitutional Law Of Punishment, Richard A. Bierschbach 2017 Wayne State University Law School

Fragmentation And Democracy In The Constitutional Law Of Punishment, Richard A. Bierschbach

Northwestern University Law Review

Scholars have long studied the relationship of structural constitutional principles like checks and balances to democracy. But the relationship of such principles to democracy in criminal punishment has received less attention. This Essay examines that relationship and finds it fraught with both promise and peril for the project of democratic criminal justice. On the one hand, by blending a range of inputs into punishment determinations, the constitutional fragmentation of the punishment power can enhance different types of influence in an area in which perspective is of special concern. At the same time, the potentially positive aspects of fragmentation can backfire ...


Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld 2017 Northwestern Pritzker School of Law

Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld

Northwestern University Law Review

This Essay links criminal theory to democratic political theory, arguing that the view of criminal law and procedure known as “reconstructivism” shares a common root with certain culturally oriented forms of democratic theory. The common root is the valorization of a community’s ethical life and the belief that law and government should reflect the ethical life of the community living under that law and government. This Essay then specifies three principles that are entailed by the union of democracy and reconstructivism and that should therefore characterize a democracy’s approach to criminal justice: the “moral culture principle of criminalization ...


A Criminal Law We Can Call Our Own?, R A Duff 2017 University of Stirling

A Criminal Law We Can Call Our Own?, R A Duff

Northwestern University Law Review

This Essay sketches an ideal of criminal law—of the kind of criminal law that we can call our own as citizens of a democratic republic. The elements of that ideal include a republican theory of liberal democracy, as the kind of polity in which we can aspire to live; an account of the role of criminal law in such a polity, as defining a set of public wrongs and providing an appropriate formal, public response to the commission of such wrongs through the criminal process of trial and punishment; and a discussion of how the citizens of such a ...


Criminal Justice That Revives Republican Democracy, John Braithwaite 2017 Australian National University

Criminal Justice That Revives Republican Democracy, John Braithwaite

Northwestern University Law Review

Criminal justice seems an implausible vehicle for reviving democracy. Yet democracy is in trouble. It is embattled by money politics and populist tyrannies of majorities, of which penal populism is just one variant. These pathologies of democracy arise from democracy having become too remote from the people. A new democracy is needed that creates spaces for direct deliberative engagement and for spaces where children learn to become democratic. A major role for restorative justice is one way to revive the democratic spirit through creating such spaces.


Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares 2017 Yale Law School

Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares

Northwestern University Law Review

Like the education system, the criminal justice system offers both formal, overt curricula—found in the Bill of Rights, and informal or “hidden” curricula—embodied in how people are treated in interactions with legal authorities in courtrooms and on the streets. The overt policing curriculum identifies police officers as “peace officers” tasked with public safety and concern for individual rights, but the hidden curriculum, fraught with racially targeted stop and frisks and unconstitutional exercises of force, teaches many that they are members of a special, dangerous, and undesirable class. The social psychology of how people understand the fairness of legal ...


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