Law Commons^™

Defense Perspectives On Law And Politics In International Criminal Trials, Jenia I. Turner

Faculty Journal Articles and Book Chapters

As international criminal trials become more prominent, a fundamental question persists about their purposes: Are the goals of international criminal trials primarily legal, similar to the objectives of domestic trials, or are they primarily political, such as helping communities heal and compiling an accurate record of the past? Courts and commentators often acknowledge both legal and political purposes of international criminal trials, but fail to prioritize among them. This paper examines the purposes of international criminal trials through the perspectives of an overlooked, but important, participant in these trials¿the defense attorney. Through personal interviews, scholarly articles, and case law, I …

Punishing Family Status, Jennifer M. Collins, Ethan J. Leib

Faculty Journal Articles and Book Chapters

This Article focuses upon two basic but under-explored questions: when does, and when should, the state use the criminal justice apparatus to burden individuals on account of their familial status? We address the first question in Part I by revealing a variety of laws permeating the criminal justice system that together form a string of family ties burdens, laws that impose punishment upon individuals on account of their familial status. The seven burdens we train our attention upon are omissions liability for failure to rescue, parental responsibility laws, incest, bigamy, adultery, nonpayment of child support, and nonpayment of parental support. …

Voluntarism, Vulnerability, And Criminal Law: A Response To Professors Hills And O'Hear, Ethan J. Leib, Dan Markel, Jennifer M. Collins

Faculty Journal Articles and Book Chapters

This Response addresses the criticisms of our project by Professors Rick Hills and Michael O'Hear. Before we address those challenges, we first want to reiterate our gratitude to the B.U. Law Review for hosting an exchange based on our article, Punishing Family Status (forthcoming BU LR, December 2008), and to Professors Hills and O'Hear for their careful and subtle analysis of that article.

Additionally, it's worth recapitulating what our bottom-line conclusions are so we can better see if there are any practical disagreements with our critics. Summarizing quickly: we support decriminalization in the cases of parental responsibility laws (based on …