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Articles 1 - 8 of 8
Full-Text Articles in Law
Defense Perspectives On Fairness And Efficiency At The International Criminal Court, Jenia I. Turner
Defense Perspectives On Fairness And Efficiency At The International Criminal Court, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last several years, states parties of the International Criminal Court (ICC) have put increasing pressure on the court to become more efficient. Proceedings are seen as unduly slow, and judges have been urged to rein in the parties and expedite the process.
The emphasis on efficiency can advance important goals of the ICC. It can help ensure defendants’ right to a speedy trial, promote victims’ interests in closure, and allow the court to process more cases with limited resources. But as the experience of earlier international criminal tribunals shows, an unrelenting pursuit of efficiency could also interfere with …
Gamble, Dual Sovereignty, And Due Process, Anthony J. Colangelo
Gamble, Dual Sovereignty, And Due Process, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
The Constitution’s Double Jeopardy Clause is an analytically gnarly beast. What seems like a fairly straightforward prohibition on multiple prosecutions for the same crime turns out to be a bramble bush of doctrinal twists and snarls. At the center is the so-called “dual sovereignty” doctrine. This principle holds that separate sovereigns may prosecute for what looks like the same “offence”—to use the Constitution’s language—because they have separate laws, and those laws prohibit separate offenses, and thus the Double Jeopardy Clause’s bar on multiple prosecutions for the same offense simply does not come into play. As a doctrine that relates to …
Regulating Interrogations And Excluding Confessions In The United States: Balancing Individual Rights And The Search For Truth, Jenia I. Turner
Regulating Interrogations And Excluding Confessions In The United States: Balancing Individual Rights And The Search For Truth, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Like other criminal justice systems, the U.S. system must balance, on the one hand, enforcing the criminal law and, on the other, protecting individual rights in the process. Reliable fact-finding is a prerequisite to the effective enforcement of criminal law and to just outcomes. Protection of individual rights often promotes reliable fact-finding, as when a ban on involuntary confessions prevents the introduction of unreliable testimony at trial. On occasion, however, the commitment to accurate fact-finding may conflict with individual rights in a particular case. One of the clearest examples of such a conflict occurs when a court must decide whether …
Corporate Genealogists: The New Homicide Detectives, Morgan Crider
Corporate Genealogists: The New Homicide Detectives, Morgan Crider
SMU Science and Technology Law Review
No abstract provided.
Prosecuting In The Shadow Of The Jury, Anna Offit
Prosecuting In The Shadow Of The Jury, Anna Offit
Faculty Journal Articles and Book Chapters
This article offers an unprecedented empirical window into prosecutorial discretion drawing on long-term participatory research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make common sense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, …
The Purposes And Functions Of Exclusionary Rules: A Comparative Overview, Jenia I. Turner
The Purposes And Functions Of Exclusionary Rules: A Comparative Overview, Jenia I. Turner
Faculty Journal Articles and Book Chapters
The chapter analyzes the rationales for excluding relevant evidence with the aim of establishing the ideal type of exclusion system for each rationale. The authors then review to what extent individual legal systems have actually altered their legal rules in accordance with these ideal systems. An investigation into whether or not there are any consistent relationships between the ideal systems and proclaimed rationales is conducted. The structure of various exclusionary rules is also explored, as are other factors that may influence the law and practical application of such rules.
Managing Digital Discovery In Criminal Cases, Jenia I. Turner
Managing Digital Discovery In Criminal Cases, Jenia I. Turner
Faculty Journal Articles and Book Chapters
The burdens and challenges of discovery—especially electronic discovery—are usually associated with civil, not criminal cases. This is beginning to change. Already common in white-collar crime cases, voluminous digital discovery is increasingly a feature of ordinary criminal prosecutions.
This Article examines the explosive growth of digital evidence in criminal cases and the efforts to manage its challenges. It then advances three claims about criminal case discovery in the digital age. First, the volume, complexity, and cost of digital discovery will incentivize the prosecution and the defense to cooperate more closely in cases with significant amounts of electronically stored information (ESI). Second, …
Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi
Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi
Faculty Journal Articles and Book Chapters
The terms terrorism and terrorist are highly charged but all too often imprecisely utilized in legal, media, and political arenas. The terminology has even entered the field of intimate partner violence, where the phrases terrorism in the home or intimate terrorism have been used to describe domestic abuse. This language has proliferated not only due to identified commonalities between intimate partner abuse and terroristic behaviors but also because of the rhetorical impact of the words in highlighting the gravity of domestic violence. However, expanding the legal framework of terrorism into new areas has potentially serious and far-reaching consequences. It is …