by Amanda Bini | Feb 28, 2023 | Comparative Law, Criminal Procedure
Introduction The use of neuroscientific and genetic evidence in criminal cases has been called a double-edged sword. On one hand, it may reduce the apparent culpability of defendants and mitigate their perceived responsibility for their crimes, leading to more lenient...
by Jocelyn Martinez | Oct 27, 2022 | All, Comparative Law, Criminal Procedure, Europe, European Union, Italy
Introduction This article will look at the United States rights guaranteed to a defendant during pretrial proceedings and focus on the rights afforded to defendants in Italy. United States and Italy In the United States, once a person has been charged or convicted...
by Renée Lettow Lerner | Jan 24, 2022 | All, Comparative Law, Criminal Procedure, Europe, Human Rights, Italy, Philosophy of the Law
Note: This is the third and final post of a three-part series on inquisitorial procedure and its lessons for the U.S. criminal justice system. The first post explained the importance of making the results of the investigation fully available to the defense counsel and...
by Renée Lettow Lerner | Nov 18, 2021 | All, Comparative Law, Criminal Procedure, Europe, Philosophy of the Law
Note: This is the second post of a three-part series on inquisitorial procedure and its lessons for the U.S. criminal justice system. The first post explained the importance of making the results of the investigation fully available to the defense counsel and to the...
by Renée Lettow Lerner | Oct 21, 2021 | All, Comparative Law, Criminal Procedure
Note: This is the first post of a three-part series on inquisitorial procedure and its lessons for the U.S. criminal justice system. Part I: The Investigative File A major weakness of the U.S. adversarial criminal system is that often no one but the prosecutor and law...
