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Articles 121 - 131 of 131
Full-Text Articles in Criminal Procedure
International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl
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
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 …
Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl
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 …
Reforming Juvenile Sentencing, Nora V. Demleitner
The Federalization Of Crime And Sentencing, Nora V. Demleitner
The Federalization Of Crime And Sentencing, Nora V. Demleitner
Scholarly Articles
Not available.
Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl
Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl
Scholarly Articles
This article, by way of personal narrative, sets out my experiences with Legal Aid Rwanda in February and March of 1998. In doing so, it describes, from a defense counsel perspective, an attempt to create due process within a procedural void. Legal Aid Rwanda's mandate focused not on the handful of detainees actually selected to proceed to trial, but rather on the vast numbers languishing in prison. In the end, my experiences lead me to question the merit of a courtroom in addressing mass crimes, of adjudication as a device to promote national reconciliation in a post-genocidal society, and of …
Searching For A Solution: How To Punish, Restrain And Treat Sex Offenders, Nora V. Demleitner
Searching For A Solution: How To Punish, Restrain And Treat Sex Offenders, Nora V. Demleitner
Scholarly Articles
Not available.
Crime And Sentencing In Canada: Parallels And Differences, Nora V. Demleitner
Crime And Sentencing In Canada: Parallels And Differences, Nora V. Demleitner
Scholarly Articles
Not available
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, Clifford S. Fishman
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, Clifford S. Fishman
Scholarly Articles
Part I of this article provides an overview of basic Fourth Amendment principles. Part II analyzes the Oliver and Ciraolo cases which define and distinguish residential "curtilage," protected by the Fourth Amendment, and "open fields," which the Fourth Amendment does not protect. Part III reviews the Dow decision's discussion of whether an industrial facility, like a residence, might have constitutionally protected curtilage. Part IV focuses on the Dunn decision, which dramatizes the curtilage-open field dichotomy while at the same time blurring the line between the two. Finally, part V shows how these decisions may have invalidated the "commercial curtilage" concept …
Expansion Of Arrest Power: A Key To Effective Intervention, Lisa G. Lerman
Expansion Of Arrest Power: A Key To Effective Intervention, Lisa G. Lerman
Scholarly Articles
No abstract provided.
Title 28, Section 2255 Of The United States Code: Motion To Vacate, Set Aside Or Correct Sentence: Effective Or Ineffective Aid To A Federal Prisoner?, George P. Smith Ii
Title 28, Section 2255 Of The United States Code: Motion To Vacate, Set Aside Or Correct Sentence: Effective Or Ineffective Aid To A Federal Prisoner?, George P. Smith Ii
Scholarly Articles
This article places in historical perspective the enactment and administration by the federal courts of Section 2255 of the Judicial Code and concludes a prisoner’s basic right to attack, collaterally, a conviction is largely unimpaired by this legislation. Section 2255 was enacted not with the idea of enlarging the class of remedies already available to attack a conviction, but rather to provide that a proper attack upon an original conviction be made in the sentencing court and not in some other court through use of the writ of habeas corpus. Resort to habeas corpus is thus allowed only when the …