Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1681 - 1710 of 1958

Full-Text Articles in Comparative and Foreign Law

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm Jan 2001

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye Jan 2001

Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye

LLM Theses and Essays

Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …

Go to article

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin Jan 2001

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.

Go to article

Miranda In Comparative Law, Stephen C. Thaman Jan 2001

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 …

Go to article

Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman Jan 2001

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.

Go to article

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague Jan 2001

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …

Go to article

Decolonising Restoration And Justice: Restoration In Transitional Cultures, Mark Findlay Nov 2000

Decolonising Restoration And Justice: Restoration In Transitional Cultures, Mark Findlay

Research Collection Yong Pung How School Of Law

This article is a strategy for the comparative analysis of justice in various contesting forms. To identify useful levels of the comparative project, the colonising potential of restorative justice is examined. In this context the influence of formalised justice mechanisms over the less formal is explored, with examples in transitional cultures in the South Pacific discussed. Local and global potentials (and dilemmas) are identified for analysis. The integration of justice forms, both in terms of structure and ideology, is argued for. Notions of collaborative rather than restorative justice are advanced, in order that the intersection between state-sponsored and customary justice …

Go to article

Karo Kari: Honor Killing, Wendy M. Gonzalez Sep 2000

Karo Kari: Honor Killing, Wendy M. Gonzalez

Buffalo Women's Law Journal

No abstract provided.

Go to article

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann Jul 2000

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann

Scholarly Works

Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 million. And, of …

Go to article

Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid Apr 2000

Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid

Cardozo Journal of International and Comparative Law

The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …

Go to article

Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger Apr 2000

Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger

Faculty Works

In response to problems encountered in the administration of justice in Northern Ireland, the British government issued the Criminal Evidence (Northern Ireland) Order 1988 changing the character of how the right to silence and privilege against self-incrimination would apply in criminal justice proceedings occurring within Northern Ireland. In general terms, the Order provided that suspects under interrogation and criminal defendants at trial would be subject to adverse inferences if they failed to answer police questions or refused to testify in court. The Order included some qualifications on when and how adverse inferences would be used, and provided that such use …

Go to article

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr. Mar 2000

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.

Go to article

The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman Feb 2000

The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman

Washington International Law Journal

Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …

Go to article

Firearm And Sword Possession Control Law, Mark Alleman Feb 2000

Firearm And Sword Possession Control Law, Mark Alleman

Washington International Law Journal

This Law sets forth safety regulations necessary for the prevention of harm related to the possession and use of firearms and swords.

Go to article

Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner Jan 2000

Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner

Scholarly Articles

None available.

Go to article

Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons Jan 2000

Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll Jan 2000

The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed Jan 2000

The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed

LLM Theses and Essays

Due to the fact that no work of this size could address every aspect of the Rome Statute, this study is limited to the provisions of Parts 2, 9, and 10 of the Rome Statute. These provisions cover all matters being on the relationship between the Court and states, in general, and especially the obligations of states parties under the Statute. The first chapter will examine the historical journey toward an international criminal court, beginning with World War I, continuing throughout the twentieth century and ending with the adoption of the Rome Statute in the Diplomatic Conference in Rome on …

Go to article

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf Jan 2000

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf

Faculty Publications

On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.

Go to article

Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets Jan 2000

Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets

Seattle University Law Review

This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …

Go to article

The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman Jan 2000

The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman

All Faculty Scholarship

This article discusses the division of labor between the judge and the jury in rendering judgment, and the separation of law and fact historically and currently, focusing on Spain and Russia. Both Russia and Spain rejected the Anglo-American general verdict of “guilty” or “not-guilty” in favor of a list of questions or propositions presented to the jury during their criminal procedure reforms of the 1990’s. This article also delves into the jury deliberation, verdict, and judgment process of the two countries.

Go to article

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman Jan 2000

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman

All Faculty Scholarship

This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.

Go to article

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague Jan 2000

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. For in balancing the tension between encouraging effective representation, but at bearable social cost, U.S. jurisdictions stress the latter, all but ignoring the former. The English approach, by contrast, has paid generously, at least in serious cases, thereby implicitly recognizing that defenders could …

Go to article

Ensuring Able Representation For Publicly-Funded Criminal Defendants: Lessons From England, Peter W. Tague Jan 2000

Ensuring Able Representation For Publicly-Funded Criminal Defendants: Lessons From England, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

While there are skilled private defense lawyers who enthusiastically represent indigent criminal defendants, too often defense lawyers whose income depends upon appointments provide deplorable representation. The problem is well known and pervasive. In addition to the blizzard of claims on appeal of ineffective representation, defenders' efforts have been savaged by judges and by fellow lawyers. These nagging problems persist: to induce private lawyers to represent their clients effectively by eliciting the defendant's story and managing their relationship in a way that at least does not displease the defendant; investigating his and the prosecution's positions; pressing the prosecution for discovery, for …

Go to article

A New Start Calls For A Broadened Perspective, Nora V. Demleitner Oct 1999

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.

Go to article

Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow Oct 1999

Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow

Cardozo Journal of International and Comparative Law

The note examines the legal complexities surrounding the extradition case of Samuel Sheinbein, a dual citizen of Israel and the United States, who fled to Israel after being implicated in a murder in Maryland. The case highlights tensions between Israel's citizenship laws, which prohibit the extradition of its citizens, and international extradition norms. The Israeli Supreme Court ultimately ruled that Sheinbein could not be extradited due to his Israeli citizenship, prompting efforts to revise the extradition agreement between Israel and the United States to prevent similar outcomes in the future. The case underscores the challenges of balancing national sovereignty with …

Go to article

Conclusion, Jonathan S. Greene Oct 1999

Conclusion, Jonathan S. Greene

Cardozo Journal of International and Comparative Law

No abstract provided.

Go to article

Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker Sep 1999

Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker

Penn State International Law Review (1982 - 2011)

No abstract provided.

Go to article

Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung Sep 1999

Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung

Washington International Law Journal

In the wake of the post-Soviet privatization in the Russian Federation, corruption and organized crime have flourished, contributing to capital flight, economic instability, and the collapse of Russia's financial system. Over the same period, Russian legislators have worked to reform the legal system in order to facilitate their country's transition to democracy and the rule of law. In 1997, legislative efforts led to the enactment of a new criminal code that emphasizes the rights of the individual as opposed to the power of the government. More recently, several draft bills targeting money laundering activities and banking reform have been introduced …

Go to article

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jun 1999

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

Go to article

First Prev Next Last