Criminal Procedure Commons^™

Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey

Faculty Articles and Other Publications

In recent years, the FBI and other federal law agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and internet fraud schemes to terrorism. This trend will undoubtedly continue in the aftermath of September 11th. A constitutional question that will be of increasing importance in this context is whether, or to what extent, U.S. law enforcement officials (hereinafter "FBI") must provide Miranda warnings to non-U.S. citizens interrogated abroad who will later be tried in the United States.

The article first addresses whether future modifications to the Miranda doctrine are permissible after Dickerson. The article concludes that despite …

Terrorist Crime, Taliban Guilt, Western Victims, And International Law, Mark A. Drumbl

Scholarly Articles

On September 11th, 2001, al-Qaeda terrorists attacked the United States and killed approximately 3,000 civilians from 81 countries. Traditionally, international law treats armed attacks differently than criminal attacks. States launch armed attacks against other states; organized insurgency movements having some level of command or political structure also may launch internal armed attacks against state governments. Individuals or groups, on the other hand, initiate criminal attacks. The law responds to criminal attacks through investigation and trial. The law permits states to use force against other states in self-defense to armed attacks.The September 11th attack was a war-like attack undertaken against a …

Surrender Of Indictees And Non-Indicted Criminals From The United States To The Ictr, Christopher M. Rassi

War Crimes Memoranda

No abstract provided.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

Treat Your Women Well: Comparisons And Lessons From An Imperfect Example Across The Waters, Rana R. Lehr-Lehnardt

Faculty Works

A young woman could not endure another night with the elderly man she was forced to marry, so she slipped out of the house and spent the night with the young man she had loved for years and desperately wanted to marry. When the woman's father learned of the illicit behavior, he entered the police station where she had sought refuge and fired four shots at her. He shed his daughter's blood to cleanse the family's honor. Jordan, 1999

A jealous husband returned home from an evening at the mosque and accused his pregnant wife of having an affair. The …

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

Scholarly Articles

Two international criminal tribunals are developing and remaking much of international humanitarian law—the law of genocide, crimes against humanity, and war crimes. These are the International Criminal Tribunal for the Former Yugoslavia (“ICTY”)and the International Criminal Tribunal for Rwanda (“ICTR”).

For the first time, appellate practice and procedure have become vital to the development of international humanitarian law. These two ad hoc Tribunals have substantial appellate as well as trial jurisdiction. In this, they are quite different from their historic predecessors, the International Military Tribunals at Nuremberg and Tokyo following World War II, which had no appellate jurisdiction or appellate …

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 …

A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka

Cardozo Journal of International and Comparative Law

The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Scholarly Works

Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional …

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter

Cardozo Law Review

No abstract provided.

Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman

Cardozo Journal of International and Comparative Law

The article examines the challenges and implications of enforcing Article 36 of the Vienna Convention on Consular Relations in the U.S., focusing on whether individuals can seek remedies for violations in U.S. courts. It highlights the legal ambiguities surrounding the treaty's self-executing status and the barriers foreign states face in enforcing it domestically. The author emphasizes the need for improved U.S. compliance to protect its citizens abroad and maintain international legal order.

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …

Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl

Scholarly Articles

Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …

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.

Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

In the 1994 Rwandan genocide 800,000 people were massacred. The victims were overwhelmingly of the minority Tutsi ethnic group and the aggressors of the majority Hutu group. At present, 125,000 Hutu prisoners remain incarcerated while awaiting trial on genocide-related charges. This article argues that these trials, and the extensive incapacitation that necessarily precedes them, may do little to promote justice, regime legitimacy, or national reconciliation in Rwanda. This, in turn, raises broader questions about the role of criminal punishment and sentencing in situations of mass violence. Criminality usually attaches to deviant conduct. Mass political violence -- from Nazi Germany to …

Conclusion, Jonathan S. Greene

Cardozo Journal of International and Comparative Law

No abstract provided.

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 …

The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich

Cardozo Law Review

No abstract provided.

The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam

Articles

No abstract provided.

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.

Breard V. Pruett 134 F.3d 615 (4th Cir. 1998) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

To Resign Or Not To Resign, Stephen Ellmann

Cardozo Law Review

No abstract provided.

Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Puerto Rican Independentistas: Combatants In The Fight For Self-Determination And The Right To Prisoner Of War Status, Lisa Napoli

Cardozo Journal of International and Comparative Law

No abstract provided.

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.

The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi

Cardozo Journal of International and Comparative Law

The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.

The Invisible Cupola: From Casual To Collective Attribution In Ecological Liability, Gunther Teubner

Cardozo Law Review

When I speak about the cupola, it is not Brunelleschi's architectural masterpiece crowning the Florentine duomo that appears before my eyes. Rather, I see the ugly architecture of organized crime, the brutal supersecret "cupola" on top of the Mafia's hierarchy which overshadows social life in Italy. Does this cupola exist or not? Over the recent years, the Mafia's cupola has been the object of a bitter struggle between Italian judges. While the lower courts have been sending numerous mafiosi to prison because they were part of the invisible cupola controlling "tutti i grandi delitti," the court of the next instance …