Criminal Law Commons^™

Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Funding Justice: The Price Of War Crimes Trials, Rupert Skilbeck

Human Rights Brief

No abstract provided.

Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Anna Katherine Drake, Rachel Katzman, Katherine Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …

Grand Jury Discretion And Constitutional Design, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …

Proposed Maryland Jury Instructionon Cross-Racial Identification, David E. Aaronson

American University Criminal Law Brief

No abstract provided.

The Violence Against Women Act:Denying Needed Resources Based On Criminal History, Jaime M. Yarussi

American University Criminal Law Brief

No abstract provided.

Prosecuting Sexual Violence In Correctional Settings:Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime M. Yarussi

American University Criminal Law Brief

No abstract provided.

The Prison Rape Elimination Act:Implementation And Unresolved Issues Torture, Brenda V. Smith

American University Criminal Law Brief

No abstract provided.

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Feminist Scholarship

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit

American University Law Review

This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …

The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache

American University Law Review

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …

Due Process For The Global Crime Era: A Proposal, Song Richardson

Scholarly Articles in Law Reviews & Journals

This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …

Giving Birth In Shackles: A Constitutional And Human Rights Violation, Dana L. Sichel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Human Shields, Homicides, And House Fires: How A Domestic Law Analogy Can Guide International Law Regarding Human Shield Tactics In Armed Conflict, Douglas H. Fischer

American University Law Review

No abstract provided.

Addressing Sexual Violence Against Youth In Custody, Brenda V. Smith

Presentations

No abstract provided.

Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc

American University Law Review

This Comment addresses the present gap in insanity-defense laws

created by the defense’s abolition and offers an Eighth Amendment

based remedy. Part I reviews the history and evolution of the insanity

defense in Anglo-American law. It then describes how four states

have statutorily abolished the defense. It concludes with a discussion

of Clark v. Arizona, the Court’s most recent decision on the

constitutionality of the insanity defense. Part II turns to the Eighth

Amendment, examining its historical understanding and the

contemporary evolving-standards-of-decency analysis, through which

the Court assesses the constitutionality of modern-day punishments.

Part II concludes with a discussion of …

Immigration Relief For Survivors Of Domestic Absue, Sexual Assault, Human Trafficking, And Other Crimes: A Violence Against Women Act 2005 Update, Leslye Orloff, Joanne Lin, Ericka Echavarria

Scholarly Articles in Law Reviews & Journals

The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), which President Against and Department Women Bush signed into law on January 5, 2006, built on the 1994 Violence Against Women Act (Title IV of the Violence Crime Control and Law Enforcement Act of 1994) and the 2000 Battered Immigrant Women Protection Act (part of the Victims of Trafficking and Violence Protection Act) by expanding immigration relief to new categories of crime victims.' In this article we discuss the eligibility requirements for VAWA self-petitioning, VAWA cancellation of removal, "U" interim relief for certain immigrant crime victims, …

Updates From The International Criminal Courts, Elizabeth J. Rushing, Rebecca Musarra, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.

Editorial:The Death Penalty: An Endangered Species Worthy Of Extinction, Rita Montoya

American University Criminal Law Brief

No abstract provided.

Have We Abandoned The Innocent?Society’S Debt To The Wrongly Convicted, Meggan Smith

American University Criminal Law Brief

No abstract provided.

Bruno Or Richard Hauptmann: Representations Of Aconviction In The Lindbergh Kidnapping Case, Rita Mitchell

American University Criminal Law Brief

No abstract provided.