Alternatives To Prosecution Essay

Bolton is Senior Vice President of the American Enterprise Institute.He served as an Assistant Secretary of State in the Bush Administration and as an Assistant Attorney General in the Reagan Administration.

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Some scholars challenge the utility of the concept or criticize it as being vague to the point of it being...

Article The Prosecutors I Like: A Very Short Essay by Abbe Smith Generally speaking, I don’t like prosecutors.

Describing the matter to The New York Times, Professor Diane F.

Orentlicher -- one of Neier's cohorts -- said triumphantly that "crimes against humanity transcend the concerns of the countries where the abuses are committed.

Neier's real objective is to assert the primacy of "international law" over the nation-state, and of criminal prosecution over alternative methods of dealing with the worst offenders.

For a sense of how Neier's model of international law would work, look to the recent arrest in London of General Augusto Pinochet.In theory, there should be no safe haven for world-class criminals." This language would be right at home in Neier's new book.It encapsulates the euphoric impracticality of his approach.Despite all of this documentation, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem.These prosecutors—ethical lawyers who themselves have not been accused of misconduct—believe that the scope of the Brady problem is exaggerated.Allegations of war crimes, genocide, and crimes against humanity have received considerable press coverage in recent years -- more than at any time since Nuremberg.Yet this is not because the incidence of such barbarities has increased.The crimes are simply brought to our attention more rapidly these days, by the media and by what Aryeh Neier calls the "international human rights movement," which has an ambitious agenda for handling such crimes.It is this agenda that emerges most clearly from Neier's War Crimes, and not the now-familiar narrative of atrocities he presents to support it.Article The Challenge of Convincing Ethical Prosecutors That Their Profession Has a Brady Problem by Adam M.Gershowitz In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense—so called Brady violations.


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