Law Commons^™

A Proposal To Strengthen Juvenile Miranda Rights: Requiring Parental Presence In Custodial Interrogations, Robert E. Mcguire

Vanderbilt Law Review

On October 31, 1997, eleven-year-old Nathaniel Abraham was at school and enjoying Halloween with his grade school classmates. The festivities ended, however, when members of the Pontiac, Michigan police department entered the classroom and arrested Nathaniel for first degree murder. Two days before, on October 29, eighteen- year-old Ronnie Lee Greene was walking out of a convenience store in Pontiac when a .22 caliber bullet struck him in the head and killed him.' Police suspected Nathaniel who, at the time of his arrest, had over twenty encounters with law enforcement. Once in custody, Nathaniel eventually confessed to shooting Greene and …

Avoiding The Appearance Of Judicial Bias: Allowing A Federal Criminal Defendant To Appeal The Denial Of A Recusal Motion Even After Entering An Unconditional Guilty Plea, Nancy B. Pridgen

Vanderbilt Law Review

One of the most fundamental social interests is that law shall be uniform and impartial. There must be nothing in its action that savors of prejudice or favor or even arbitrary whim or fitfulness. A suspect is charged with a federal crime, obtains legal counsel, and finds out who his judge will be. Because of a prominent rumor circulating in the community that the defendant once had an affair with the judge's wife, the defendant questions the judge's ability to be fair with him. He and his counsel file a timely motion for recusal under 28 U.S.C. § 455(a).' The …

Not Twice For The Same: How The Dual Sovereignty Doctrine Is Used To Circumvent "Non Bis In Idem", Dax E. Lopez

Vanderbilt Journal of Transnational Law

Today, it is quite possible for a criminal defendant who has violated the laws of several countries with one criminal act to be subject to multiple prosecutions. In situations where two countries share concurrent criminal jurisdiction, it is unclear whether the defendant would be able to rely on some level of double jeopardy protection. International law currently does not obligate a sovereign state to recognize another state's penal judgments, thus allowing states to prosecute a defendant regardless of any legal action that may have been previously taken against the defendant. Several countries, however, have chosen to provide defendants with at …

The Reach Of Icc Jurisdiction Over Non-Signatory Nationals, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A new International Criminal Court (ICC) was created on July 17, 1998 under the Rome Statute adopted by the United Nations Diplomatic Conference on Plenipotentiaries on the Establishment of an International Criminal Court. Under the Statute, the ICC will have jurisdiction over crimes of genocide, certain crimes against humanity, and certain war crimes, leaving the crime of aggression for further definition.

Nonetheless, there are certain preconditions to the exercise of such jurisdictional competence, as noted especially in Articles 12-14 of the Statute. In general, the Court can exercise jurisdiction if a "situation" or case (1) is referred to the Prosecutor …

Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent

Vanderbilt Journal of Transnational Law

This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …