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Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser 2013 University of Colorado Law School

Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser

Publications

No abstract provided.


Defying Gravity: The Development Of Standards In The International Prosecution Of International Atrocity Crimes, Matthew H. Charity 2013 Western New England University School of Law

Defying Gravity: The Development Of Standards In The International Prosecution Of International Atrocity Crimes, Matthew H. Charity

Faculty Scholarship

The International Criminal Court (the “ICC”), now one decade old, is still in the process of setting norms as to scope, jurisdiction, and other issues. One issue that has thus far defied resolution is a key issue of jurisdiction: the place of complementarity in deciding whether certain criminal issues impacting international standards or interests should be decided before the ICC or national tribunals. Although the Rome Statute crystallizes definitions of core international crimes that may be tried before the ICC, the process of determining whether to leave jurisdiction with the nation or allowing jurisdiction to the ICC continues to lack …


Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi 2013 American University Washington College of Law

Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi

Research Reports & White Papers

From 1999 to 2012, The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law had a cooperative agreement with the National Institute of Corrections (NIC) to provide training to high-level correctional decisionmakers on key issues in addressing and investigating staff sexual misconduct. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and offender-on-offender sexual abuse. In 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on addressing sexual abuse of youth in custody. This handbook …


A Good Name: Applying Regulatory Takings Analysis To Reputational Damage Caused By Criminal History, Jamila Jefferson-Jones 2013 Wayne State University

A Good Name: Applying Regulatory Takings Analysis To Reputational Damage Caused By Criminal History, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan 2013 University of Arkansas at Little Rock William H. Bowen School of Law

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

The United States Constitution as well as state procedural rules require prosecutorial authorities to disclose evidence to the defense as a means for ensuring fairness in the prosecution of individuals charged with criminal offenses. When prosecutorial authorities fail to disclose evidence as required, the integrity of the criminal justice system is threatened and the defense is unable to adequately prepare for trial. This threat is illustrated and magnified by the substantiation of prosecutorial misconduct claims in high profile trials where prosecutors have been unable to resist the temptation not to disclose evidence that could damage the prosecution's case, or, where …


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan 2013 University of Arkansas at Little Rock William H. Bowen School of Law

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Furman, After Four Decades, J. Thomas Sullivan 2013 University of Arkansas at Little Rock William H. Bowen School of Law

Furman, After Four Decades, J. Thomas Sullivan

Law Faculty Scholarship

Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently, controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …


Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas 2013 Georgia State University College of Law

Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas

Faculty Publications By Year

Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent defense reform have relied on Sixth Amendment arguments to protect the rights of indigents in this context; however, the Sixth Amendment approach suffers from a number of shortcomings that have made it a poor tool for systemic reform, including its exclusive focus on attorney performance …


Reality Check: Detention In The War On Terror, Monica Eppinger 2013 The Catholic University of America, Columbus School of Law

Reality Check: Detention In The War On Terror, Monica Eppinger

Catholic University Law Review

No abstract provided.


Can’T Touch This? Making A Place For Touch Dna In Post-Conviction Dna Testing Statutes, Victoria Kawecki 2013 The Catholic University of America, Columbus School of Law

Can’T Touch This? Making A Place For Touch Dna In Post-Conviction Dna Testing Statutes, Victoria Kawecki

Catholic University Law Review

No abstract provided.


Why Strickland Is The Wrong Test For Assessing Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky 2013 Fordham University School of Law

Why Strickland Is The Wrong Test For Assessing Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky

Faculty Scholarship

A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important "personal" rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant's right to testify. This Article proposes a new test to better secure and enforce …


Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook 2013 Wayne State University

Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.


Sections 9, 10 And 11 Of The Canadian Charter, Steve Coughlan, Robert Currie 2013 Dalhousie University Schulich School of Law

Sections 9, 10 And 11 Of The Canadian Charter, Steve Coughlan, Robert Currie

Articles, Book Chapters, & Popular Press

Section 9 of the Charter guarantees freedom from arbitrary detention, section 10 provides certain rights on arrest, and section 11 guarantees various rights to those charged with an offence. In this chapter the authors consider the aspects of these rights which have been authoritatively determined, as well as pointing to the areas which remain unsettled and discussing the areas of lingering controversy.


Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer Llewellyn, Bruce Archibald, Donald Clairmont, Diane Crocker 2013 Dalhousie University Schulich School of Law

Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer Llewellyn, Bruce Archibald, Donald Clairmont, Diane Crocker

Articles, Book Chapters, & Popular Press

Whether restorative justice is “successful,” or not, is a complex question. Attempts to answer this question by practitioners, professionals, and scholars have often been bounded by common notions of success in standard criminal justice terms. The authors of this paper suggest that if restorative justice is properly understood in terms of its focus on relationship, success should be measured on new and different dimensions. This paper seeks to bring a relational imagination to the scholarly effort of capturing the essence of restorative justice and figuring out how to assess its successes and failures. The authors offer a foundation and agenda …


Telus: Asking The Right Questions About General Warrants, Steve Coughlan 2013 Dalhousie University Schulich School of Law

Telus: Asking The Right Questions About General Warrants, Steve Coughlan

Articles, Book Chapters, & Popular Press

The general warrant provisions in the Criminal Code have often been interpreted by lower courts in a way which threatens to make that power quite open-ended, and to make those warrants available as a way of making an "end run" around the requirements of other provisions. This note argues that the Supreme Court of Canada is correct, in Telus,to adopt a "substantive equivalence" approach to general warrants, thereby limiting the circumstances in which they can be used. Lower courts have sometimes taken the view that a general warrant is only unavailable if the proposed technique would fall squarely within some …


"Dearest Property": Digital Evidence And The History Of Private "Papers" As Special Objects Of Search And Seizure, Donald A. Dripps 2013 Northwestern Pritzker School of Law

"Dearest Property": Digital Evidence And The History Of Private "Papers" As Special Objects Of Search And Seizure, Donald A. Dripps

Journal of Criminal Law and Criminology

No abstract provided.


Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room, Carl F. Goodman 2013 University of Washington School of Law

Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room, Carl F. Goodman

Washington International Law Journal

The recent amendments to Japan’s Inquest of Prosecution Law (popularly called the Prosecution Review Commission (“PRC”) Law) give the eleven lay member PRC (and their court appointed lawyers) unreviewable authority to compel the prosecutions and appeals of defendants who the professional prosecutor service has determined do not require indictment and prosecution. Viewed as “democratic” because it brings lay participation to the criminal justice system, the PRC process differs sharply from the American Federal Grand Jury because it places ordinary citizens at risk of potential retribution and the political system at risk of possible “gaming” of the process for political advantage, …


The International Criminal Court Ten Years Later: Appraisal And Prospects, Joseph M. Isanga 2013 Ave Maria School of Law

The International Criminal Court Ten Years Later: Appraisal And Prospects, Joseph M. Isanga

Cardozo Journal of International and Comparative Law

The International Criminal Court (ICC) faces significant challenges in achieving its objectives of deterrence, retribution, and ending impunity, primarily due to slow procedures, lack of state cooperation, and perceptions of bias. While the ICC has made qualitative contributions to international criminal law, its effectiveness is undermined by procedural inefficiencies, political interference, and limited enforcement mechanisms. The court's reliance on the complementarity principle and state cooperation highlights the tension between its judicial and political roles, with its future success contingent on addressing these systemic issues.


Illuminating Corruption Pathways: Modifying The Fcpa's "Grease Payment" Exception To Galvanize Anti-Corruption Movements In Developing Nations, Ivan Perkins 2013 Bragg & Kuluva

Illuminating Corruption Pathways: Modifying The Fcpa's "Grease Payment" Exception To Galvanize Anti-Corruption Movements In Developing Nations, Ivan Perkins

Cardozo Journal of International and Comparative Law

The article argues that the Foreign Corrupt Practices Act (FCPA) should be modified to require companies to report "grease payments," small bribes intended to expedite routine government actions. This change aims to enhance transparency, align U.S. law with stricter international standards, and combat corruption more effectively. The proposal suggests that mandating disclosure of such payments to the Department of Justice (DOJ), which would then publish the information online, would help activists, journalists, and foreign governments identify and address corruption. While the article acknowledges potential challenges, such as companies circumventing reporting or facing reputational risks, it emphasizes the long-term benefits of …


American Criminal Procedure In A European Context, Mar Jimeno-Bulnes 2013 Chicago-Kent College of Law

American Criminal Procedure In A European Context, Mar Jimeno-Bulnes

Cardozo Journal of International and Comparative Law

The article examines the historical and contemporary distinctions between the accusatorial and inquisitorial criminal justice systems, tracing their evolution from common law and civil law traditions. It highlights the increasing convergence of these models, particularly the influence of the U.S. adversarial system on European procedures, while critiquing the practical challenges and inefficiencies of both systems. The analysis emphasizes the tension between procedural fairness and efficiency, urging reforms to address these issues.


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