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Criminal Procedure

American University Washington College of Law

2008

Criminal procedure

Articles 1 - 3 of 3

Full-Text Articles in Law

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax Aug 2008

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax

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Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax Jan 2008

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …


Due Process For The Global Crime Era: A Proposal, Song Richardson Jan 2008

Due Process For The Global Crime Era: A Proposal, Song Richardson

Articles in Law Reviews & Other Academic Journals

This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …