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Constitutional Law

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Selected Works

2007

Criminal Law and Procedure

Articles 1 - 5 of 5

Full-Text Articles in Law

Fallibility + Unchecked Power = Trouble, C. Peter Erlinder Oct 2007

Fallibility + Unchecked Power = Trouble, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Self-Defense In Asian Religions, David B. Kopel Jan 2007

Self-Defense In Asian Religions, David B. Kopel

David B Kopel

This Article investigates the attitudes of six Far Eastern religions - Confucianism, Taoism, Hinduism, Sikhism, Jainism, and Buddhism - towards the legitimacy of the use of force in individual and collective contexts. Self-defense is strongly legitimated in the theory and practice of the major Far Eastern religions. The finding is consistent with natural law theory that some aspects of the human personality, including the self-defense instinct, are inherent in human nature, rather than being entirely determined by culture.


Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston Dec 2006

Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston

James B Johnston

Prosecutors have complained that jurors who think they are educated in crime scene investigations by watching T.V. have made it difficult to prove cases even when the charge is white collar in nature because they expect the forensics the see on the show "CSI". In regard to government fraud cases, the prosecutor simply must get the jury to follow the fraud linked money. This article notes that those in law enforcement must give the jury what they want to get them to follow the money especially when the case concerns government fraud and corruption.


Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power Dec 2006

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power

Robert C Power

This article examines how the efforts to bring former Chilean dictator Augusto Pinochet Ugarte to justice have affected international criminal law. It argues that traditional international law seems largely irrelevant today because the paradigmatic crime of the Pinochet era was torture, which is now addressed primarily through the Torture Convention, and the most appropriate forum is the International Criminal Court (ICC) rather than national courts. The article emphasizes the need to use international tribunals such as the ICC to help protect international criminal prosecutions from the kind of political erosion that left a very mixed record concerning Augusto Pinochet.


Economics Of Plea Bargaining, Richard Adelstein Dec 2006

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.