Law

According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground. I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because the crime typically occurs in private, the search for truth often focuses on the testimonies of the victim and the suspect. In cases in which the physical evidence is inconclusive and the defendant claims that the victim consented, the focus of the fact finder's inquiry is often directed at the victim's credibility.

Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

Abstract: The three papers in this collection of readings resulted from a conference entitled" Beyond the US War on Terrorism: Comparing Domestic Legal Remedies to an International Dilemma". The conference was sponsored by the John Bassett Moore Society of International Law, University of Virginia School of Law, in cooperation with the Strategic Studies Institute, US Army War College, and was held February 25-26, 2005. Over 160 people participated in the conference conducted at The University of Virginia.

Abstract: Criticism leveled against the traditional law school curriculum, which has been principally based on the Langdellian appellate case method, has been on the rise during the past two decades. Factual investigation, communication, and negotiation skills are among the key skills underrepresented in the traditional curriculum.

The United States follows a sectoral approach to data privacy protection. There is no all-encompassing federal legislation that ensures the privacy and protection of personal data. Instead, legislation at the federal level primarily protects data within sector-specific contexts. In contrast to Europe’s comprehensive Data Protection Directive,1 the United States relies on a combination of legislation at the federal and state levels, administrative regulations, as well as industry specific self-regulation guidelines. Privacy protection guarantees are sector-specific and are located in a myriad of legislative instruments and case law. These statutes apply only to specific sectors such as “healthcare, education, communications, and financial services or, in the case of online data collection, to children.”2 Although, at first glance, comparative legal scholars are likely to dismiss America’s privacy protection framework as less robust than the European approach, in some respects, the American framework provides greater protection than in Europe.

calls-new-documents-confirm/. I For purposes of simplicity, I will use the StingRay name to identify all forms of IMSI catchers. Other popular brands include: Triggerfish, KingFish, AmberJack, Harpoon, and Hailstorm. 12 Zetter, supra note 10.

Swire and Kennedy-Mayo argue that U.S. protections are stricter in eight ways: (1) oversight of searches by independent judicial officers; (2) probable cause of a crime as a relatively strict requirement for both physical and digital searches; (3) even stricter requirements for government use of telephone wiretaps and other real-time interception; (4) the exclusionary rule, preventing prosecutors' use of evidence that was illegally obtained, is supplemented by civil suits; (5) other legal standards that are relatively strict for government access in many non-search situations, such as the judge-supervised "reasonable and articulable suspicion" standard under the Electronic Communications Privacy Act of 1986 (ECPA); (6) transparency requirements, such as notice to the service provider of the legal basis for a request; (7) lack of data retention requirements for Internet communications; and (8) lack of limits on use of strong encryption.

An explosion rattled downtown Indianapolis approximately 15 minutes ago. The source of the explosion appears to be in the vicinity of Lucas Oil Stadium. Eyewitnesses report seeing a plume-like cloud in the stadium area. Although it is not clear what the cause of the explosion was, Indianapolis Metro Police Department Officials have placed local hospitals on alert. We will have updates as soon as they are available. . .. There is no better way to capture students' attention than to detonate a "dirty bomb," or rather a simulated news report that a dirty bomb has exploded less than ten blocks away from the law school. Certainly this was no ordinary class session, but instead a well-planned counter-terrorism simulation involving forty students drawn from

An explosion rattled downtown Indianapolis approximately 15 minutes ago. The source of the explosion appears to be in the vicinity of Lucas Oil Stadium. Eyewitnesses report seeing a plume-like cloud in the stadium area. Although it is not clear what the cause of the explosion was, Indianapolis Metro Police Department Officials have placed local hospitals on alert. We will have updates as soon as they are available. . .. There is no better way to capture students' attention than to detonate a "dirty bomb," or rather a simulated news report that a dirty bomb has exploded less than ten blocks away from the law school. Certainly this was no ordinary class session, but instead a well-planned counter-terrorism simulation involving forty students drawn from

An explosion rattled downtown Indianapolis approximately 15 minutes ago. The source of the explosion appears to be in the vicinity of Lucas Oil Stadium. Eyewitnesses report seeing a plume-like cloud in the stadium area. Although it is not clear what the cause of the explosion was, Indianapolis Metro Police Department Officials have placed local hospitals on alert. We will have updates as soon as they are available. . .. There is no better way to capture students' attention than to detonate a "dirty bomb," or rather a simulated news report that a dirty bomb has exploded less than ten blocks away from the law school. Certainly this was no ordinary class session, but instead a well-planned counter-terrorism simulation involving forty students drawn from

According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground. I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because the crime typically occurs in private, the search for truth often focuses on the testimonies of the victim and the suspect. In cases in which the physical evidence is inconclusive and the defendant claims that the victim consented, the focus of the fact finder's inquiry is often directed at the victim's credibility. Drawing on transcript and interview data, I propose three models of "faces" of prosecutorial "objectivity." Surprisingly, despite the fact that judges structure the presentation of evidence in German trials, prosecutors play a critical role in "interpreting" the facts presented at trial. In each of the cases examined in this Article, the face of objectivity is constructed through a relational process that unfolds between the presiding judge and the trial prosecutor. Although many legal scholars maintain that penal code sharply circumscribes prosecutorial discretion in major crime cases

Swire and Kennedy-Mayo argue that U.S. protections are stricter in seven ways: 1) oversight of searches by independent judicial officers; (2) probable cause of a crime as a relatively strict requirement for both physical and digital searches; (3) even stricter requirements for government use of telephone wiretaps and other real-time interception; (4) the exclusionary rule, preventing prosecutors' use of evidence that was illegally obtained, is supplemented by civil suits; (5) other legal standards that are relatively strict for government access in many nonsearch situations, such as the judge-supervised "reasonable and articulable suspicion" standard under ECPA; (6) transparency requirements, such as notice to the service provider of the legal basis for a request; (7) lack of data retention requirements for Internet communications; and (8) lack of limits on use of strong encryption. 3 Although European states commonly use the term "data protection," the phrase "data privacy" is more common in the United States.

The defense attorneys who come [here] from other areas [of the country] would say that our sentences are too harsh.. . When I [sitting as a judge] asked a prosecutor why he was recommending such a strict sentence, he told me that he had a strict father. His father told him that if you want to be a good person, you have to work hard.. . It was his strict upbringing. 1 Here, in this large city, we dismiss many cases that would proceed to trial in a midsize city that is located a mere 30 km from here. It is a question of resources. 2 There are relationships between the police, prosecutors, and judges.. [T]he history of sentencing establishes a certain culture in a state. This culture is also influenced by political factors. For example, the political culture in Bavaria is extremely traditional and conservative while it is more liberal in Northern Germany. Surveys of prosecutors indicate that they possess a higher level of punitive attitudes and this affects their attitude towards their own role. 3

Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.