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Full-Text Articles in Law
Miranda In Comparative Law, Stephen C. Thaman
Miranda In Comparative Law, Stephen C. Thaman
All Faculty Scholarship
Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
All Faculty Scholarship
This chapter assesses criminal law and enforcement in Russia. It addresses the history of the Russian criminal justice system and its reform, as well as Russia’s criminal procedure and substantive criminal law.
Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman
Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman
All Faculty Scholarship
This article addresses the question of fact and law in Russian jury trials, specifically the practice of the Cassational Courts under the jury laws of 1864 and 1993. It discusses the general structure of the question lists, what the jury’s finding of guilt actually entails, if mental state and aggravating circumstances are questions of law or fact, and the question of jury nullification. It also provides an assessment of the jurisprudence of the Cassational Panel of the Supreme Court of the Russian Federation.