Law As Shield, Law As Sword: The Icc's Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Direct Participation In Hostilities,
2013
Southern Methodist University, Dedman School of Law
Law As Shield, Law As Sword: The Icc's Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Direct Participation In Hostilities, Chris Jenks
Faculty Journal Articles and Book Chapters
The International Criminal Court’s Lubanga decision has been hailed as a landmark ruling heralding an end to impunity for those who recruit and employ children in armed conflict and a pivotal victory for the protection of children. Overlooked amidst this self-congratulation is that the ICC incorrectly applied the law governing civilian participation in hostilities which perversely places child soldiers at greater risk of being attacked. The Court created a false distinction between active and direct participation in hostilities. Expanding the kinds and types of behaviors that constitute children actively participating in hostilities expanded Lubanga's liability. But under the law of …
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects,
2013
South Texas College of Law
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks
Faculty Journal Articles and Book Chapters
When should a suspected terrorist receive Miranda warnings, and should confessions obtained without obtaining a waiver of the Miranda right to silence and assistance of counsel be admissible at trial? The answer to this question turns on the scope of what is known as the Public Safety Exception (PSE) to the Miranda warning and waiver requirement. Established by the Supreme Court in 1984 in New York v. Quarles, the exception allows the use of confessions obtained from suspects questioned after being placed in custody (the situation that triggers the Miranda warning and waiver requirement) when the questions respond to an …
Introductory Note To Prosecutor V. Perišić, International Criminal Tribunal For The Former Yugoslavia (Icty),
2013
Southern Methodist University, Dedman School of Law
Introductory Note To Prosecutor V. Perišić, International Criminal Tribunal For The Former Yugoslavia (Icty), Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić formulation the case may, sadly, signal the fragmentation of international criminal law.
Closing The Door On Subjective Reasonableness: Evaluating Police-Created Exigencies And The Issues With The Doctrinal Shift To Objectivity In Warrantless Searches,
2013
University of Kentucky
Closing The Door On Subjective Reasonableness: Evaluating Police-Created Exigencies And The Issues With The Doctrinal Shift To Objectivity In Warrantless Searches, Gordon L. Mowen Ii
Kentucky Law Journal
No abstract provided.
Toward A Common Law Of Plea Bargaining,
2013
Duquesne Law School
Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver
Kentucky Law Journal
No abstract provided.
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases,
2013
Benjamin N. Cardozo School of Law
Caught In A Bind: Reassuring Judicial Authority To Bind Non-Party Search Engines Under Rule 65 In Counterfeit Goods Cases, Courtney Brown
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures,
2013
Benjamin N. Cardozo School of Law
Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures, Elizabeth Friedler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Leniency As A Miscarriage Of Race And Gender Justice,
2013
University of Colorado Law School
Leniency As A Miscarriage Of Race And Gender Justice, Aya Gruber
Publications
No abstract provided.
Lafler And Frye: A New Constitutional Standard For Negotiation,
2013
Whittier Law School
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Cardozo Journal of Conflict Resolution
The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984 the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye, the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …
Miller V. Alabama And The (Past And) Future Of Juvenile Crime Regulation,
2013
Columbia Law School
Miller V. Alabama And The (Past And) Future Of Juvenile Crime Regulation, Elizabeth S. Scott
Faculty Scholarship
This essay was the keynote address for a symposium on Miller v Alabama, the 2012 Supreme Court opinion holding unconstitutional under the Eighth Amendment a statute imposing a mandatory sentence of life without parole for juveniles convicted of homicide. The essay argues that Miller embodies a way of thinking about juvenile crime that has taken hold in the early 21st century – an approach that emphasizes the importance for legal policy of developmental differences between juveniles and adults. This emerging trend contrasts sharply with the regulatory approach of the 1990s when moral panics over juvenile crime fueled punitive law reforms …
(Crime) School Is In Session: Mapping Illegal Earnings To Institutional Placement,
2013
Columbia Law School
(Crime) School Is In Session: Mapping Illegal Earnings To Institutional Placement, Holly Nguyen, Thomas Loughran, Ray Paternoster, Jeffrey Fagan
Faculty Scholarship
A growing consensus suggests that incarcerating offenders tends to have either null or criminogenic effects at both the individual and neighborhood levels. There is also further evidence that there are unintended consequences of incarcerating juvenile offenders such as delayed psychosocial development and school dropout. The current study considers a much less examined hypothesis — that correctional environments can facilitate the accumulation of “criminal capital” and might actually encourage offending by serving as a school of crime. Using unique panel data from a sample of serious juvenile offenders, we are able to identify the criminal capital effect by considering illegal earnings …
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women,
2013
Missouri Columbia School of Law
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Cardozo Journal of Equal Rights & Social Justice
The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.
Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women,
2013
Newman Law Firm P.A.
Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams
Cardozo Journal of Equal Rights & Social Justice
The article argues that criminalizing pregnant women for drug use is both unconstitutional and ineffective. It contends that such prosecutions infringe upon fundamental rights, disproportionately affect minority women, and fail to address the root causes of addiction. The author advocates for a public health approach, emphasizing treatment over punishment to protect both the mother and the fetus.
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions,
2013
University of the Pacific
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard
McGeorge School of Law Scholarly Articles
No abstract provided.
Four Reforms For The Twenty-First Century,
2013
Benjamin N. Cardozo School of Law
Four Reforms For The Twenty-First Century, Barry C. Scheck
Articles
What follows are my top four suggestions for judicial action and advocacy that can result in urgently needed and readily achievable reforms. Ass the American Judicature Society and its members consider their agenda and mission for the coming years, each of these issues deserves their support.
Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room,
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, …
Desistance And Legitimacy: The Impact Of Offender Notification Meetings On Recidivism Among High Risk Offenders,
2013
Arizona State University (ASU)
Desistance And Legitimacy: The Impact Of Offender Notification Meetings On Recidivism Among High Risk Offenders, Andrew V. Papachristos, Danielle M. Wallace, Tracey L. Meares, Jeffrey Fagan
Faculty Scholarship
Objective: Legitimacy-based approaches to crime prevention operate under the assumption that individuals — including violent offenders — are more likely to comply with the law when they believe that the law and its agents are legitimate and act in ways that seem inherently “fair” and “just.” While mounting evidence finds an association between such legitimacy-based programs and reductions in aggregate levels of crime and violence, no study has investigated whether such programs influence individual offending. This study evaluates the effectiveness of one such program — Project Safe Neighborhoods’ (PSN) Offender Notification Meetings — at reducing individual recidivism among a population …
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions,
2013
Allard School of Law at the University of British Columbia
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions, Gary Edmond, Emma Cunliffe, Simon A. Cole, Andrew J. Roberts
All Faculty Publications
There is an epistemic crisis in many areas of forensic science. This crisis emerged largely in response both to the mobilization of a range of academic commentators and critics and the rise and influence of DNA typing. It gained popular and authoritative support through the influence of the National Academy of Science (NAS) and a surprisingly critical report produced under its auspices by a committee of the National Research Council (NRC). Interestingly, as this article endeavors to explain, the courts themselves seem to have played a rather indirect, inconsistent and ultimately ineffective role in the supervision and evaluation of forensic …
Untold Stories Or Miraculous Mirrors? The Possibilities Of A Text-Based Understanding Of Socio-Legal Transcript Research,
2013
Allard School of Law at the University of British Columbia
Untold Stories Or Miraculous Mirrors? The Possibilities Of A Text-Based Understanding Of Socio-Legal Transcript Research, Emma Cunliffe
All Faculty Publications
Austin Sarat has described legal understandings of the transcript as “the verbatim record of a present soon to become past, a mirror/a record/a voice machine in which the “author” exercises no authorial presence.” In this paper I argue that when seeing a transcript as an authorless mirror of court proceedings, lawyers and socio-legal scholars risk overlooking the ways in which the technology of transcripts influences the record that is produced. Paying attention to the laws and practices governing transcript production allows those who engage in transcript research to appreciate how the transcript is defined in relation to the spoken proceedings …
Summary Of Brass V. State, 128 Nev. Adv. Op. 68,
2013
Nevada Law Journal
Summary Of Brass V. State, 128 Nev. Adv. Op. 68, Joseph Sakai
Nevada Supreme Court Summaries
An appeal addressing whether a district court committed reversible error by dismissing a prospective juror before conducting a Batson2 hearing, and whether there was evidence to support a kidnapping conviction.
