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Criminal Law Commons™

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Case Western Reserve University School of Law

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Articles 271 - 300 of 350

Full-Text Articles in Criminal Law

The Tu Quoque Defense, Stephanie Berlin Jan 2002

The Tu Quoque Defense, Stephanie Berlin

War Crimes Memoranda

No abstract provided.


Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews Jan 2002

Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews

War Crimes Memoranda

No abstract provided.


A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg Jan 2001

A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg

War Crimes Memoranda

No abstract provided.


Expert Witnesses, Kimberly M. Miles Jan 2001

Expert Witnesses, Kimberly M. Miles

War Crimes Memoranda

No abstract provided.


Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh Jan 2001

Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh

War Crimes Memoranda

No abstract provided.


Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies Jan 2001

Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies

War Crimes Memoranda

No abstract provided.


Superior Responsibility Absent The Subordinate Being Formally Charged, Chad Frederick Affsa Jan 2001

Superior Responsibility Absent The Subordinate Being Formally Charged, Chad Frederick Affsa

War Crimes Memoranda

No abstract provided.


Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel Jan 2001

Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel

War Crimes Memoranda

No abstract provided.


The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton Jan 2001

The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton

War Crimes Memoranda

No abstract provided.


The Concept Of Withdrawal From A Conspiracy, Tammy Lopez Jan 2001

The Concept Of Withdrawal From A Conspiracy, Tammy Lopez

War Crimes Memoranda

No abstract provided.


The Decision By The Appeals Chamber In Jelisić Not To Remit The Case For Trial After Reversing A Mid-Trial Acquittal, Gregory P. Lombardi Jan 2001

The Decision By The Appeals Chamber In Jelisić Not To Remit The Case For Trial After Reversing A Mid-Trial Acquittal, Gregory P. Lombardi

War Crimes Memoranda

No abstract provided.


The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo Jan 2001

The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo

War Crimes Memoranda

No abstract provided.


Undue Delay, Kelly M. Before Jan 2001

Undue Delay, Kelly M. Before

War Crimes Memoranda

No abstract provided.


The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding Jan 2001

The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding

War Crimes Memoranda

No abstract provided.


Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin Jan 2001

Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin

Faculty Publications

No abstract provided.


The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl Jan 2000

The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl

War Crimes Memoranda

No abstract provided.


Can A Defendant Be Charged With Offenses Under Two Or More Articles Of The Ictr Statute Based On The Same Act(S)? If So, Can S/He Be Convicted Of Two Or More Crimes Based On The Same Act(S)?, Michael Ashkouri Jan 2000

Can A Defendant Be Charged With Offenses Under Two Or More Articles Of The Ictr Statute Based On The Same Act(S)? If So, Can S/He Be Convicted Of Two Or More Crimes Based On The Same Act(S)?, Michael Ashkouri

War Crimes Memoranda

No abstract provided.


Does A Defendant Have Unlimited Entitlement To Be Represented By The Attorney Of His/Her Choice, When The Attorney Is Appointed By The Trial Chamber?, Tami L. Roberts Jan 2000

Does A Defendant Have Unlimited Entitlement To Be Represented By The Attorney Of His/Her Choice, When The Attorney Is Appointed By The Trial Chamber?, Tami L. Roberts

War Crimes Memoranda

No abstract provided.


Imputing The Intent Of A Superior To A Subordinate, April Yates Jan 2000

Imputing The Intent Of A Superior To A Subordinate, April Yates

War Crimes Memoranda

No abstract provided.


On What Grounds Does A Defendant Have The Right To Substitute Counsel?, Lesly J. Michelot Ii Jan 2000

On What Grounds Does A Defendant Have The Right To Substitute Counsel?, Lesly J. Michelot Ii

War Crimes Memoranda

No abstract provided.


Standard Of Competence For Attorneys Who Represent Defendants Before The International Criminal Tribunal For Rwanda, Melanie Popper Jan 2000

Standard Of Competence For Attorneys Who Represent Defendants Before The International Criminal Tribunal For Rwanda, Melanie Popper

War Crimes Memoranda

No abstract provided.


Superior Responsibility, Loik S. Henderson Jan 2000

Superior Responsibility, Loik S. Henderson

War Crimes Memoranda

No abstract provided.


Ohio’S Dna Databank Statute, Paul C. Giannelli Jan 2000

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf Jan 2000

The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf

Faculty Publications

It is one thing to create an international institution devoted to enforcing international justice; it is quite another to make international justice work. Unlike the Nuremberg Tribunal, whose orders were implemented by the Allied occupation forces, the ICC will have no constabulary. In the absence of a direct enforcement mechanism, the ICC will have to rely on state cooperation and indirect means of inducing compliance with its arrest orders and requests for judicial cooperation.

The range of enforcement measures potentially available to the ICC include: (1) condemnation of non-cooperation by the Assembly of State Parties or the U.N. Security Council; …


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.


Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai Jan 1999

Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai

War Crimes Memoranda

No abstract provided.


Manslaughter And Other Homicides, Paul C. Giannelli Jan 1999

Manslaughter And Other Homicides, Paul C. Giannelli

Faculty Publications

No abstract provided.


Murder And Aggravated Murder, Paul C. Giannelli Jan 1999

Murder And Aggravated Murder, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf Jan 1998

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.


Getting Serious About An International Criminal Court, Michael P. Scharf Feb 1997

Getting Serious About An International Criminal Court, Michael P. Scharf

Faculty Publications

No abstract provided.