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Articles 1 - 25 of 25
Full-Text Articles in Law
The Appellate Judge As The Thirteenth Juror: Combating Implicit Bias In Criminal Convictions, Andrew S. Pollis
The Appellate Judge As The Thirteenth Juror: Combating Implicit Bias In Criminal Convictions, Andrew S. Pollis
Faculty Publications
Research has documented the effect that implicit bias plays in the disproportionately high wrongful-conviction rate for people of color. This Article proposes a novel solution to the problem: empowering individual appellate judges, even over the dissent of two colleagues, to send cases back for retrial when the trial record raises suspicions of a conviction tainted by the operation of implicit racial bias.
Factual review on appeal is unwelcome in most jurisdictions. But the traditional arguments against it, which highlight the importance of deference to the jury’s fact-finding powers, are overly simplistic. Scholars have already demonstrated the relative institutional competency of …
Fixing The Broken System Of Assessing Criminal Appeals For Frivolousness, Andrew S. Pollis
Fixing The Broken System Of Assessing Criminal Appeals For Frivolousness, Andrew S. Pollis
Faculty Publications
This article seeks to end fifty years of confusion over how to proceed when a criminal defendant wants to appeal but appointed counsel sees no basis for doing so.
Practices vary among jurisdictions, but most require counsel to explain the predicament to the court—often at a level of detail that compromises the duty of loyalty to the client. Most also require the court to double-check counsel’s conclusion by conducting its own independent review of the record, thus burdening judges and blurring the important line between judge and advocate. And at no point in this process does the defendant have a …
A Study Of Comparative Practice Of The International Tribunals. Under Which Conditions May Subpoenas Be Issued Against Witnesses And Potential Witnesses Who Refuse To Cooperate... Subpoena Has Been Issued., Anna Toniolo
War Crimes Memoranda
No abstract provided.
A Study Of Comparative Practice Of The International Tribunals: How Do Other International Tribunals Deal With Witnesses Who Have Provided A Written Statement At The Pre-Trial Stage Of The Proceedings But Are Unavailable To Testify At Trial?, Christopher L. Cassaniti
War Crimes Memoranda
No abstract provided.
The Use Of Sealed Indictments In International Law And The Issuance Of Sealed Indictments Ex Parte. Specifically Addressing The Case Law Of The International Tribunals As It Pertains To Sealed Indictments. Also, Whether It Is Legally Possible To Issue Sealed Indictments Ex Parte., Gregory L. Watkins
War Crimes Memoranda
No abstract provided.
What Is The Practice/Policy At The International Tribunals With Regard To Providing Witnesses Copies Of Their Statements? Do International Tribunals Have Blanket Policies, Or Is It On A Case-By-Case Basis (E.G., If The Witness Asks For It)? What Is The Practice In National Jurisdictions?, Yedga Sikod
War Crimes Memoranda
No abstract provided.
Appeal Based On Inadequate Representation, Ugochi Madubata
Appeal Based On Inadequate Representation, Ugochi Madubata
War Crimes Memoranda
No abstract provided.
Head Of State Immunity And Immunity Claims Against Witness Subpoena Requests. Specifically Addressing The Scope Of Head Of State And State Official Immunity, And Whether Claims Of Immunity May Successfully Prevent Witness Subpoena Requests At International And Hybrid Tribunals., Iskra Miralem
War Crimes Memoranda
No abstract provided.
Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown
Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown
War Crimes Memoranda
No abstract provided.
Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella
Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella
War Crimes Memoranda
No abstract provided.
Proceeding In The Physical Absence Of The Accused, And The Use Of Technology, Jon-Paul Mcconnell
Proceeding In The Physical Absence Of The Accused, And The Use Of Technology, Jon-Paul Mcconnell
War Crimes Memoranda
No abstract provided.
What Is The Legal Standard For Confirming An Indictment In International Criminal Courts? How Might The Case Law Of The Other International Courts Apply At Stl?, Kevin M. Griffith
What Is The Legal Standard For Confirming An Indictment In International Criminal Courts? How Might The Case Law Of The Other International Courts Apply At Stl?, Kevin M. Griffith
War Crimes Memoranda
No abstract provided.
Degree Of Precision Required In International Criminal Indictments, David O"Brien
Degree Of Precision Required In International Criminal Indictments, David O"Brien
War Crimes Memoranda
No abstract provided.
What Was Saddam’S Status When He Was In United States Custody At The Request Of The Iraqi Government? Does The Characterization Of The Conflict Affect Saddam's Status As A Detainee? Can A Prisoner's Status Change Over Time, And If So, How?, Robert C. Bliss
War Crimes Memoranda
No abstract provided.
Article 85: If Someone Is Wrongfully Detained Or Convicted, What Recourse Does He Have? What Compensation Is He Entitled To? Is This Monetary, And If So, Where Does The Money Come From? What Should The Court Take Into Consideration When Deciding On Compensation?, Robert C. Bliss
War Crimes Memoranda
No abstract provided.
As For Self-Representation In The International Criminal Court, Is There An International Right To Self-Representation In War Crimes Trials, Or Should Defense Counsel Be Imposed From The Outset Of The Trial At The Icc? How Should The Icc Deal With A Defendant-Lawyer Who Uses Self-Representation To Disrupt The Orderly Trial Proceedings?, Chelan Bliss
War Crimes Memoranda
No abstract provided.
Are The 1949 Geneva Conventions Self-Executing Treaties For Purposes Of Challenges To Military Commissions Procedures?, Rachel E. Cohen
Are The 1949 Geneva Conventions Self-Executing Treaties For Purposes Of Challenges To Military Commissions Procedures?, Rachel E. Cohen
War Crimes Memoranda
No abstract provided.
Surrender Of Indictees And Non-Indicted Criminals From The United States To The Ictr, Christopher M. Rassi
Surrender Of Indictees And Non-Indicted Criminals From The United States To The Ictr, Christopher M. Rassi
War Crimes Memoranda
No abstract provided.
The Craft Of Due Process, Kevin C. Mcmunigal
The Craft Of Due Process, Kevin C. Mcmunigal
Faculty Publications
Response to Professor Israel's presentation "On the Costs of Uniformity and the Prospects of Dualism in Constitutional Criminal Procedure."
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Faculty Publications
No abstract provided.
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part I, Paul C. Giannelli
The Right Of Confrontation: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part Ii, Paul C. Giannelli
The Right Of Confrontation: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Joinder And Severance, Paul C. Giannelli, Peter Joy
Joinder And Severance, Paul C. Giannelli, Peter Joy
Faculty Publications
No abstract provided.