Open Access. Powered by Scholars. Published by Universities.®
Criminology and Criminal Justice Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Actus reus (1)
- Bail (1)
- Belgium (1)
- Civil law (1)
- Command responsibility (1)
-
- Common law (1)
- Courts (1)
- Customary international law (1)
- Effective control (1)
- Erga omnes (1)
- ICC (1)
- ICTR (1)
- ICTY (1)
- International tribunals (1)
- Jews and Arabs in Isreal (1)
- Jus cogens (1)
- Kosovo (1)
- Law and Society & Empirical Legal Studies (1)
- Mens rea (1)
- Norms (1)
- Objective standard (1)
- Opinio juris (1)
- Overall control (1)
- Published Articles (1)
- Racial Discrimination (1)
- State practice (1)
- Subjective standard (1)
- Yugoslavia (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Criminology and Criminal Justice
Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan
Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan
Oren Gazal-Ayal
Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias from …
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …