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In Vindication Of Justiciable Victims' Rights To Truth And Justice For State-Sponsored Crimes, Raquel Aldana-Pindell
In Vindication Of Justiciable Victims' Rights To Truth And Justice For State-Sponsored Crimes, Raquel Aldana-Pindell
Vanderbilt Journal of Transnational Law
In this Article, Professor Aldana-Pindell explores the norms establishing a state's responsibility to grant victims of human rights violations adequate rights in the criminal prosecution process as a remedy for their victimization. She argues that victim-focused prosecution norms comport and provide more effective means of promoting respect for human rights, in certain nations in democratic transition from mass atrocities. Moreover, she suggests that, as part of other justice reforms, states plagued with impunity should adopt criminal procedures granting surviving human rights victims greater standing in the prosecution process. Professor Aldana-Pindell then uses Guatemala to examine the factors that compel the …
Judicial Restraints On Illegal State Violence: Israel And The United States, John T. Parry
Judicial Restraints On Illegal State Violence: Israel And The United States, John T. Parry
Vanderbilt Journal of Transnational Law
This Article examines the role of courts in controlling state violence in the United States and Israel. The Author considers how U.S. federal courts should respond to illegal state violence by comparing a U.S. Supreme Court case, "City of Los Angeles v. Lyons", with a case decided by the Supreme Court of Israel, Public Committee Against Torture in Israel v. Israel. Part II highlights the legal issues that were central to each court in reaching a decision, including standing, the scope of equitable discretion to craft remedies, and baseline attitudes towards illegal government action. Part III examines the doctrines discussed …