Criminal Law Commons^™

Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze

War Crimes Memoranda

[The Sudan Claims That it Does and Seeks to Block the ICC from Investigating and Prosecuting Cases Related to the Darfur by Instituting its Own Investigation and Prosecution]

Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy

War Crimes Memoranda

No abstract provided.

Immediate Application Of Amendments To The Rules Of Procedure And Evidence Under Rule 6(D) And The Rights Of The Accused, Sean A. Stevens

War Crimes Memoranda

No abstract provided.

Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett

War Crimes Memoranda

No abstract provided.

The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr

War Crimes Memoranda

No abstract provided.

The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler

War Crimes Memoranda

No abstract provided.

The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy

War Crimes Memoranda

No abstract provided.

The Legitimacy Of The Establishment Of The Iraqi Special Tribunal, Erin Page

War Crimes Memoranda

No abstract provided.

The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman

War Crimes Memoranda

No abstract provided.

The Principle Of Legality And The Iraqi Special Tribunal, Sumit Sud

War Crimes Memoranda

No abstract provided.

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

War Crimes Memoranda

No abstract provided.

What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat

War Crimes Memoranda

No abstract provided.

What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen

War Crimes Memoranda

No abstract provided.

With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn

War Crimes Memoranda

No abstract provided.

Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin

War Crimes Memoranda

No abstract provided.

The Crime Victim's Right To Attend The Trial: The Reascendant National Consensus, Douglas Evan Beloof, Paul Cassell

Utah Law Faculty Scholarship

This article contends that crime victims should have an unequivocal right to attend a criminal trial, even in cases where they will be called as witnesses. A victim's right to attend trial has strong historical support, as at common law victims attended trial as private prosecutors. More recently, crime victims' rights legislation passed in the majority of states recognizes the victim's right to attend. Nothing in the Constitution prevents victims from attending trial, and strong public policy reasons support such an approach. Observing the trial can have import therapeutic and other benefits for victims. Any risk of prejudice to a …

Assuming That The Principle Of Complementarity Applies To Security Council Referrals To The Icc, How Should The Icc Assess Whether The Sudan’S Investigative And Prosecution Efforts Meet The Complementarity Principle?, Helen Sullivan

War Crimes Memoranda

No abstract provided.

Can The International Criminal Court Hold Multinational Corporations Liable For Human Rights Abuses?, Cara Tenenbaum

War Crimes Memoranda

No abstract provided.

How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph

War Crimes Memoranda

No abstract provided.

The Potential Defense Of The Creation Of Buffer Zones As A Justice For The Anfal Operations, Elizabeth W. Young

War Crimes Memoranda

No abstract provided.

What Limitations Are There On The Permissibility Of Public Statements Made By International Criminal Tribunal Prosecutors And Judges?, Megan Mackay Saucier

War Crimes Memoranda

No abstract provided.

Being The Government Means (Almost) Never Having To Say You’Re Sorry: The Sam Sheppard Case And The Meaning Of Wrongful Imprisonment, Jonathan L. Entin

Faculty Publications

Dr. Sam Sheppard was at the center of the highest profile crime in Ohio history. As the Ohio Supreme Court put it, the case contained "[m]urder and mystery, society, sex and suspense." Sheppard's conviction was overturned by the U.S. Supreme Court in a landmark 1966 ruling, but the controversy over the case continues to the present. The final legal chapter in the story may have been written with an unsuccessful wrongful-imprisonment lawsuit brought by the Sheppard estate in April 2000.

This paper uses the long debate over the Sheppard case as a vehicle for exploring the concept of wrongful imprisonment. …

Revisiting Novel Approaches To Combating The Financing Of Crime: A Brave New World Revisited, Bruce Zagaris

Villanova Law Review (1956 - )

No abstract provided.

Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers

Villanova Law Review (1956 - )

No abstract provided.

Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders

Villanova Law Review (1956 - )

No abstract provided.

11/9-9/11: The Brave New World Order: Peace Through Law - Beyond Power Politics Or Peace Through Empire - Rationale Strategy And Reasonable Policy, Harvey Rishikof, Patrick Bratton

Villanova Law Review (1956 - )

No abstract provided.

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.

Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Compromising Liberty: A Structural Critique Of The Sentencing Guidelines, Jackie Gardina

University of Michigan Journal of Law Reform

This Article contends that the federal sentencing guidelines-whether mandatory or discretionary-violate the constitutional separation of powers by impermissibly interfering with a criminal jury's constitutional duty to act as a check against government overreaching. This Article posits that the inclusion of the criminal jury in Article III of the Constitution was intended as an inseparable element of the constitutional system of checks and balances. This Article also submits a proposal for restoring the constitutional balance through the creation of a "guideline jury system" within the current guideline structure. The implementation of a guideline jury system would fill the constitutional void created …

Private Language, Public Laws: The Central Role Of Legislative Intent In Statutory Interpretation, Lawrence Solan

Faculty Scholarship

No abstract provided.