: Today, it seems obvious thatcriminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force. The post The FirstCriminal Procedure Revolution appeared first on Harvard Law Review
: The Roberts Court has methodically expanded the scope of Second Amendment rights. But in its first Second Amendment case involving a criminal defendant, United States v. Rahimi , the Court blinked. This Essay explores the implications of that
: Two recent Supreme Court cases suggest an additional dimension for the traditional test that distinguishes dicta from holding. In the first, United States v. Sineneng-Smith, the Ninth Circuit reversed a criminal conviction based on arguments made by amici appointed by that court. The Supreme Court then reversed 9-0, holding that the Ninth Circuit'''s handling
: Interviewing people who have been tried, convicted, or acquitted for atrocity crimes is an incredibly difficult undertaking, potentially even dangerous. Not so much because these individuals still pose a threat, but because of the risks involved in traveling through countries with non-existent traffic rules, or because of the reputational risks for the researcher involved. In an academic field brimming with high moral expectations (“end impunity, end mass crimes”), who dares to speak to these “monsters” in the first place? Damien Scalia, professor in criminal law at the Université libre de Bruxelles, did just that. The impressive War Criminals on Trial: An Inside View of the International Criminal Justice System is a testament to his ambitious endeavor of speaking to war criminals. Over a period of fifteen years, he conducted interviews with more than sixty individuals prosecuted for war crimes, crimes against humanity, and genocide. Across different continents, he spoke to both
: Interviewing people who have been tried, convicted, or acquitted for atrocity crimes is an incredibly difficult undertaking, potentially even dangerous. Not so much because these individuals still pose a threat, but because of the risks involved in traveling through countries with non-existent traffic rules, or because of the reputational risks for the researcher involved. In an academic field brimming with high moral expectations (“end impunity, end mass crimes”), who dares to speak to these “monsters” in the first place? Damien Scalia, professor in criminal law at the Université libre de Bruxelles, did just that. The impressive War Criminals on Trial: An Inside View of the International Criminal Justice System is a testament to his ambitious endeavor of speaking to war criminals. Over a period of fifteen years, he conducted interviews with more than sixty individuals prosecuted for war crimes, crimes against humanity, and genocide. Across different continents, he spoke to both
: Police use of force continues to be a significant problem in American law and society. Recent discussions have focused on doctrinal issues such as what type of force is considered “reasonable” under the Fourth Amendment and the propriety of qualified immunity as a defense that can shield law enforcement from civil litigation. However, there has been little commentary on how these and other legal questions might be informed by medicine — specifically, victim diagnoses that might effectively absolve officers from criminal prosecution or civil liability. The post Excited Delirium, Policing, and the Law of Evidence appeared first on Harvard Law Review
: Over the past few years, I’ve delivered presentations to legal groups and member organizations focussed on “Journey Mapping”. [1] Journey Mapping is the visual representation of an individual’s journey through a process that happens over time. It is a collection of touchpoints from the beginning to the end looking at the individual’s experience, the stages in a process, the actors and emotions. It sounds like a simple concept, right? But, what is most complex is trying to explain the value of Journey Mapping in the law, because there is exceptional value, and you only have to see it to see . . . [more] The post A Victim’s Criminal Justice Journey: The Value of Visual Mapping appeared first on Slaw
: The article examines the transfer of legal ideas from the U.S.A. to Germany in the long 19 th century. On the one hand, actors and paths of knowledge transfer are described. On the other hand, selected examples are used to examine which North American ideas, texts, and experiences were perceived and discussed in Germany. It is shown that two phases with different emphases of reception must be distinguished, namely a first phase from the 1830s to the 1850s and a second phase around the turn of the 20 th
: Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc. Two cases just announced by the FTC serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the Fair Credit Reporting Act (FCRA) . InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA. Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants. For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyo[...]
: Following widespread looting sprees and acts of violence occurring on the sidelines of the October 17 student protests, so-called “casseurs” seem to be the centre of attention. But the term, which comes from the French verb casser or “to break”, poses more questions than answers. The sociologist Paolo Stuppia examines the unprecedented situation many cities across France are having to contend with, and the complex combination of collective action whose motivations are unclear and the social media’s extreme agility. The Conversation: How unprecedented are the scenes of looting that we witnessed on the sidelines of the October 17 demonstrations? Paolo Stuppia: What may be unprecedented is the extent of the destruction of private property and the goods that have been stolen. It should be clear, however, that not all the looters can necessarily be sorted into identifiable groups, at least politically. Indeed, as the politician Xavier Crettiez, the sociologist Isabelle Sommier and the historian François Audigier [...]
: dc.contributor.author: Gagnon-Barbin, Léonie dc.date.issued: 2026-10 dc.description.abstract: La présente recherche examine la manière dont des experts inuit comprennent et expliquent la surreprésentation carcérale marquée des Inuit au Québec. Elle s’intéresse plus particulièrement aux argumentaires qu’ils construisent, aux savoirs qu’ils mobilisent ainsi qu’aux variations de leurs perspectives selon leurs parcours et leurs positions professionnelles. Sept experts inuit provenant des milieux communautaire, politique, judiciaire, académique et correctionnel ont été rencontrés dans le cadre d’entretiens qualitatifs semi-directifs. L’analyse des entretiens fait ressortir deux grands registres explicatifs. Le premier situe la surreprésentation dans les transformations liées au colonialisme et dans les réalités sociales, familiales et communautaires contemporaines du Nunavik qui leur sont associées. Le second porte sur le fonctionnement des institutions policières, judiciaires et correctionnelles et sur leur rôle[...]