Discretionary Justice
December 2016; p ublished online September 2017 .
Book. Subjects: Criminal Law. 336 pages.
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did the advent of the penitentiary...
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Law and the Unconscious
November 2017; p ublished online May 2018 .
Book. Subjects: Criminal Law. 304 pages.
This book establishes the vital relevance of contemporary psychoanalysis to law. Our legal system is predicated on the idea that people act rationally and of their own free will. Yet the...
The Power to Charge
in Arbitrary Justice
April 2009; p ublished online March 2012 .
Chapter. Subjects: Criminal Law. 9236 words.
This chapter describes prosecutorial discretion in the issue and practice of charging that can apply to both state and federal prosecutors. Although the prosecutor in Daniel Ware's case...
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Four Models of Clemency
in Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases
March 2019; p ublished online April 2019 .
Chapter. Subjects: Criminal Law. 9477 words.
Chapter 2 provides the theoretical framework for a comparative study of clemency in death penalty cases. It begins by clarifying the terminology used throughout the book, including the...
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Conclusion: Clemency’s Place
in Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases
March 2019; p ublished online April 2019 .
Chapter. Subjects: Criminal Law. 9486 words.
The Conclusion, after briefly summarizing the respective country positions and restating the three-part hypothesis outlined in Chapter 7, considers what Southeast Asia’s ‘natural...
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Guilty Minds
in Law and the Unconscious
November 2017; p ublished online May 2018 .
Chapter. Subjects: Criminal Law. 9039 words.
This chapter examines the puzzling question of why an otherwise rational person would voluntarily confess to a crime, knowing full well that the state will punish in return. Even more...
The Psychoanalytic Tradition in American Law
in Law and the Unconscious
November 2017; p ublished online May 2018 .
Chapter. Subjects: Criminal Law. 13440 words.
This chapter surveys the long and important tradition of law and psychoanalysis in the United States beginning with the work of Oliver Wendell Holmes, Jr., up to the mid-twentieth century....
The Role of Science in Law
March 2009; p ublished online May 2009 .
Book. Subjects: Criminal Law. 234 pages.
The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from...
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The Philosophical Foundations of International Sentencing
in Journal of International Criminal Justice
April 2003; p ublished online April 2003 .
Journal Article. Subjects: Criminal Law; International Law. 0 words.
This article argues that there is a pressing need to re‐examine existing justifications for punishment in the context of international sentencing practice. It suggests that obfuscation and...
The Perils of Teaching and Practising International Law
in Journal of International Criminal Justice
September 2010; p ublished online August 2010 .
Journal Article. Subjects: Criminal Law; International Law. 3148 words.
Two recent cases show that teaching and practising international humanitarian law or international criminal law may be at odds with national legal parameters designed to protect national...
Self-Representation before the ICTY
in Journal of International Criminal Justice
March 2011; p ublished online October 2010 .
Journal Article. Subjects: Criminal Law; International Law. 14775 words.
This article examines the development of self-representation as a serious threat to the conduct of fair and expeditious international criminal trials. Senior-level accused across the...
Judicial Independence at Risk
in Journal of International Criminal Justice
March 2012; p ublished online February 2012 .
Journal Article. Subjects: Criminal Law; International Law. 10514 words.
This article examines the amendments to the crime of aggression passed during the International Criminal Court Review Conference from the perspective of some of the human rights...
Reflections on the International Legality of the Special Tribunal for Lebanon
in Journal of International Criminal Justice
November 2007; p ublished online November 2007 .
Journal Article. Subjects: Criminal Law; International Law. 7859 words.
This article addresses legal problems posed by Security Council Resolution 1757 of 30 May 2007, establishing the Special Tribunal for Lebanon (‘STL’). After describing the historical...
Reparation in Cases of Genocide
in Journal of International Criminal Justice
September 2007; p ublished online September 2007 .
Journal Article. Subjects: Criminal Law; International Law. 3202 words.
In the judgement delivered in Bosnia and Herzegovina v. Serbia, the International Court of Justice (ICJ) found that Serbia, with regard to the acts of genocide committed in Srebrenica, had...
Triage: The Application Screening Process
in Reasons to Doubt
January 2019; p ublished online March 2019 .
Chapter. Subjects: Criminal Law; Human Rights and Immigration. 16181 words.
This chapter examines how the Criminal Cases Review Commission makes sense of approximately 1,400 applications it receives each year, focusing on the mechanisms that are in place for stage...
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Managing Uncertainty in Forensic and Expert Evidence Cases
in Reasons to Doubt
January 2019; p ublished online March 2019 .
Chapter. Subjects: Criminal Law; Human Rights and Immigration. 15836 words.
This chapter examines issues arising from cases that turn on forensic and expert evidence, focusing on how the Criminal Cases Review Commission investigates such applications and makes its...
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The Mengistu Genocide Trial in Ethiopia
in Journal of International Criminal Justice
May 2007; p ublished online May 2007 .
Journal Article. Subjects: Criminal Law; International Law. 8021 words.
This article analyses the sentencing judgment issued on 11 January 2007 by the Ethiopian Federal High Court in the case of Mengistu Hailemariam and his co-accused who had been tried, among...
Managing Efficiency and Thoroughness in Case Review
in Reasons to Doubt
January 2019; p ublished online March 2019 .
Chapter. Subjects: Criminal Law; Human Rights and Immigration. 15080 words.
This chapter examines the Criminal Cases Review Commission's decision-making process through the lens of efficiency and thoroughness. It first considers the ‘sense-making’ process of...
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Last Chance for Justice
in Reasons to Doubt
January 2019; p ublished online March 2019 .
Chapter. Subjects: Criminal Law; Human Rights and Immigration. 18577 words.
This concluding chapter summarises the book's key findings and examines the main cultural and structural influences on the Criminal Cases Review Commission's decision-making. It begins with...
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Reasons to Doubt
January 2019; p ublished online March 2019 .
Book. Subjects: Criminal Law; Human Rights and Immigration. 416 pages.
This book reveals what happens to applications for post-conviction review when those in England and Wales who consider themselves to have been wrongfully convicted, and have exhausted...
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