Human Rights Law Commons^™

The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora

Public Interest Law Reporter

No abstract provided.

Education Is A Fundamental Right, Anna Nornes

Public Interest Law Reporter

No abstract provided.

12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi

Public Interest Law Reporter

No abstract provided.

Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu

Public Interest Law Reporter

No abstract provided.

Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen

Seattle University Law Review

Through an in-depth examination of Hernández, the Inter-American Human Rights System, and the success of Mexico’s partnership with said system, this Note will make a case for embracing human rights bodies— specifically, the Inter-American System on Human Rights—as an appropriate and necessary check on the structures that form the United States government. Part I will look closely at the reasoning and judicially created doctrine that guided the decision in Hernández, with the goal of providing a better understanding of the complicated path through the courts that led to a seemingly straightforward yet unsatisfying result. Part II will illustrate the scope …

Race And Washington’S Criminal Justice System 2021: Report To The Washington Supreme Court, Task Force 2.0 Research Working Group

Seattle University Law Review

This report is an update on the 2011 Preliminary Report on Race and Washington’s Criminal Justice System. This update does not include as context the history of race discrimination in Washington, and readers are encouraged to view the 2011 report for its brief historical overview.14 The 2011 report began with that historical overview because the criminal justice system does not exist in a vacuum. Instead, it exists as part of a legal system that for decades actively managed and controlled where people could live, work, recreate, and even be buried.

Members of communities impacted by race disproportionality in Washington’s criminal …

Rule Of Law And International Human Rights, Vincent J. Samar

Cardozo International & Comparative Law Review

This article reviews the field of international human rights with particular attention to the way that the International Court of Justice, the International Criminal Court, the Human Rights Committee, and local domestic courts operate to resolve human rights cases. It first notes what internationally recognized human rights there are and the sources that give rise to them. It then explains how relativism enters human rights decision-making, especially at the domestic court level, in part because a common grounding for the human rights propounded was never adopted. Even at the level of the International Court of Justice, its failure to include …

Submission Of Amicus Curiae Observations In The Case Of The Prosecutor V. Dominic Ongwen, Erin Baines, Kamari M. Clarke, Mark A. Drumbl

Scholarly Articles

The important questions laid out by the Appeals Chamber in this case highlight the need for the proper delineation and interplay between mental illness and criminal responsibility under international law. Specifically, this case represents a watershed moment for the Appeals Chamber to set a framework for adjudicating mental illness in the context of collectivized child abuse and trauma. This is especially true for former child soldiers who occupy both a victim and alleged perpetrator status.

Prosecutorial Supervisions Of The Implementation Of Anti-Torture Legislation: An Analysis Of International Law And National Legislation, Barno Kadirova

ProAcademy

This article examines the analysis of national legislation and international law on the prevention of torture and other cruel, inhuman or degrading treatment or punishment, international standards, principles of responsibility and the improvement of prosecutorial control over the implementation of anti-torture legislation. In addition, the role of prosecutorial oversight in the prevention of torture is based on the views of legal scholars and practitioners, as well as appeals to the prosecutor's office by the Prosecutor General's Office about illegal actions by law enforcement officers and torture by the Supreme Court. Information on criminal cases on torture is provided. The author …

Procedural Order Of Carrying Out Expertise On Criminal Cases, Istam Rustamovich Astanov

ProAcademy

Production of expertise on a scene in parallel with its survey in most cases is impossible for the reasons of procedural character: inspection of a scene is, as a rule, performed before initiation of legal proceedings that doesn't allow the investigator before making decision on its excitement to appoint expertise. At the same time to reveal signs of a crime and to fix traces it according to law requirements sometimes happens it is simply impossible without carrying out expert research. It was the cause of statement by us of a question of possibility of purpose of expertise before initiation of …

Legal Nature, Historical Developments Of Expertise And Comparative Analysis Of The Legislation Of Foreign Countries, Astanov Istam Rustamovich, Astanov Shuxrat Rustamovich

ProAcademy

This article is About expertise on criminal affairs is the separate give special status a type of the expertise, different carrying out research from the person possessing special knowledge. Expertise on criminal affairs differs from other types of expertise by that it is appointed and carried out according to strictly and precisely established Code of criminal procedure rather. The part second of article 153 Criminal Procedure Code of Moldova, devote interrogation the expert, consolidates norm on which it is forbidden to make interrogation before submission of the expert opinion and its studying. Fixing of such rule in part the second …

Due Process In Prison Disciplinary Hearings: How The “Some Evidence” Standard Of Proof Violates The Constitution, Emily Parker

Washington Law Review

Prison disciplinary hearings have wide-reaching impacts on an incarcerated individual’s liberty. A sanction following a guilty finding is a consequence that stems from hearings and goes beyond mere punishment. Guilty findings for serious infractions, like a positive result on a drug test, can often result in a substantial increase in prison time. Before the government deprives an incarcerated individual of their liberty interest in a shorter sentence, it must provide minimum due process. However, an individual can be found guilty of serious infractions in Washington State prison disciplinary hearings under the “some evidence” standard of proof—a standard that allows for …

Mental Illness In The Criminal Justice System: Erasing The Stigma On A Global Scale, Jennifer Rabbino

Brooklyn Journal of International Law

Mental illness has long been misunderstood and severely stigmatized worldwide. For several hundred years, rather than offering prompt and proper treatment, most countries treated mental illness by isolating patients from society. Moreover, that ill treatment remains to this day, with over 90% of the developing world's population living with a mental illness completely untreated and legal systems the world over struggling with how best to treat mentally ill defendants fairly. This Note will scrutinize and compare the treatment of the mentally ill defendants in Western and African nations. It will then focus on the legal systems in Uganda and Ghana …

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …

Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes

Brooklyn Journal of International Law

The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …

Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver

ProAcademy

In the article, the author highlights the lack of effective law enforcement in the field of combating transnational financial crimes as an existing problem in this area. This conclusion was made based on an analysis of the views and opinions of representatives of legal science and practitioners in this field, as well as the reporting documents of mutual assessments for compliance with international standards of Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) systems of the participating states of the Financial Action Task Force on Money Laundering (FATF). The author, dividing the ways of improving the effectiveness of the implementation …

On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun

ProAcademy

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the courts belong to different power …

When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman

University of Cincinnati Law Review

The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these …

Corruption And Its Manifestations In The Field Of Public Education At The Present Stage Of Development Of The Republic Of Uzbekistan, Abdullayeva Malikabonu Erkin Qizi

ProAcademy

The article deals with the concept and signs of corruption in national and international legislation. Based on the analysis of legal definitions of the concept of corruption, lists of acts of corruption in conjunction with the provisions of the most significant international legal acts that laid the foundations for understanding corruption, an attempt is made to determine the list and content of essential features of this social and legal phenomenon. As significant signs of corruption, the author singled out: social harm (danger), sphere of existence, subject of corruption, subjects, use by the subject of corruption of official (official) powers or …

Revocation And Retribution, Jacob Schuman

Washington Law Review

Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.

This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …

"Send Freedom House!": A Study In Police Abolition, Tiffany Yang

Washington Law Review

Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian …

Forms Of International Legal And Organizational Interaction In The Field Of Counteraction Illicit Drug Trafficking, Psychotropic Substances And Precursors, Musaev Djamaliddin Kamalovich

ProAcademy

The author raises the problem of international cooperation of states in the field of illicit trafficking in narcotic drugs and psychotropic substances. References are given to the main conventions related to this problem, signed in different years. The mechanisms of adoption and the form of practical application of these conventions are disclosed, as well as an analysis of the situation in the world in relation to drug trafficking is given, options for resolving the problem by strengthening the international system for controlling drug trafficking are proposed. A comprehensive analysis of international cooperation on legal and organizational approaches to combating the …

Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan

Georgia Journal of International & Comparative Law

No abstract provided.

Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib

Georgia Journal of International & Comparative Law

No abstract provided.

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.

Improving The Organizational And Legal Framework For Responsible Actions In Combating Crime, Vakhobjon Karimov

ProAcademy

The article highlights the main points of changes in the operational-search legislation of the Republic of Uzbekistan and gives recommendations for the further development of legislation. The article highlights proposals for the further improvement of the legal base of operational-search activity. Information and technical support plays an important role in improving the efficiency of operational investigations. In this regard, operatives of the operational unit use video, audio, film and photographic means, as well as property of legal entities and individuals, other environmentally friendly technical means in accordance with Article 12 of this Law. At the same time, operatives have the …

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa

Pace International Law Review

West Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.

The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they are not properly trained …