Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 18 USC 7 (1)
- Adjudicative facts (1)
- Apprendi v. New Jersey (1)
- Civil liberties (1)
- Due Process Clause (1)
-
- Emergency powers (1)
- Fair trial (1)
- Harmless error (1)
- International law (1)
- Judge (1)
- Judicial notice (1)
- Jurisdictional element (1)
- Jury (1)
- Legislative facts (1)
- National security law (1)
- Preventive detention (1)
- Prison law (1)
- Ring v. Arizona (1)
- Rule 201 (1)
- Separation of powers (1)
- Sixth Amendment (1)
- Special territorial jurisdiction (1)
- Structural error (1)
- Suspected terrorist (1)
- War on Terror (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel
Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel
Articles
Central to the United States government’s strategy after the September 11th attacks has been a shift from punishing unlawful conduct to pre-empting possible or potential dangers. This strategy threatens to undermine fundamental principles of both constitutional law and international law which prohibit certain government action based on mere suspicion or perceived threat. The law normally requires that the government wait until a person or nation has committed or is attempting to commit a criminal act before it may employ force in response. The dangers of a policy of preventive detention have been analyzed from a number of perspectives. Historians have …
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Articles
The conventional model of criminal trials holds that the prosecution is required to prove every element of the offense beyond the jury's reasonable doubt. The American criminal justice system is premised on the right of the accused to have all facts relevant to his guilt or innocence decided by a jury of his peers. The role of the judge is seen as limited to deciding issues of law and facilitating the jury's fact-finding. Despite these principles,judges are reluctant to submit to the jury elements of the offense that the judge perceives to be . routine, uncontroversial or uncontested.
One such …