Suchergebnisse

In this article, the author discusses his experiences traveling to Nicaragua in May 1985, as a part of a group of American lawyers and law professors invited by the Nicaraguan Association of Democratic Justice to consult on the judicial process, as well as a revolutionary struggle within the Nicaraguan institutions responsible for criminal justice. This article addresses current criminal procedure, special tribunals, and popular anti-Somocista tribunals. It also discusses a pilot project geared to improve criminal justice issues in Nicaragua.

This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court's duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Right to Counsel and Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Japan -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Germany -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Italy -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Portugal -- Confidentiality of Attorney-Client Communications in China's Criminal Justice System -- The Right to Counsel within Criminal Proceedings in Switzerland -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Poland -- Confidentiality of Attorney-Client Communications in the United States -- Confidentiality of correspondence with Counsel as a Requirement of a Fair Trial in Spain -- The Lawyer-Client Privilege in the Case-lLw of the ECtHR -- Protecting Confidentiality of Lawyer-Client Communications Worldwide. Comparative Study.

This article investigates prosecutorial discretion in death penalty prosecution in Missouri. Based upon an empirical analysis of all intentional-homicide cases from 1997-2001, this article concludes that Missouri law gives prosecutors unconstitutionally broad discretion in charging these cases. This article also finds that prosecutors exercise this broad discretion differently, leading to geographic and racial disparities in sentencing, and concludes with proposals for statutory reform.