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COLLECTIVE LITIGATION IN CRIMINAL JUSTICE AMIDST COVID-19 PANDEMIC: EXPERIENCES OF THE BRAZILIAN PUBLIC DEFENDER'S OFFICES
A Defensoria Pública brasileira vem desenvolvendo novas ferramentas nas áreas de litigio estratégico em dir eito s humanos. Apr endendo com a experiencia de litiganda coletiva na justiça civil, os defensores públicos estáo instaurando ações judiciais coletivas para proteger grupos de pessoas vulneráveis, incluindo aquelas que n o tiveram a oportunidade de serem formalmente representadas pelo referido órgao. Estas ações judiciais coletivas revelaram-se particularmente necessarias no pior (e longo) período da pandemia da Covid-19, dada a enorme dificuldade de contato direto com as pessoas privadas de liberdade e suas familias. Este artigo descreve brevemente alguns casos marcantes e as ferramentas legáis utilizadas para fornecer defesa coletiva no sistema de justiça criminal brasileiro.
Journal Article
The Investigator
The war that broke out in the former Yugoslavia at the end of the twentieth century unleashed unspeakable acts of violence committed against defenseless civilians, including a grizzly mass murder at an Ovčara pig farm in 1991. An international tribunal was set up to try the perpetrators of crimes such as this, and one of the accused was Slavko Dokmanović, who at the time was the mayor of a local town. Vladimír Dzuro, a criminal detective from Prague, was one of the investigators charged with discovering what happened on that horrific night at Ovčara. The story Dzuro presents here, drawn from his daily notes, is devastating. It was a time of brutal torture, random killings, and the disappearance of innocent people. Dzuro provides a gripping account of how he and a handful of other investigators picked up the barest of leads that eventually led them to the gravesite where they exhumed the bodies. They were able to track down Dokmanović, only to find that taking him into custody was a different story altogether. The politics that led to the war hindered justice once it ended. Without any thoughts of risk to their own personal safety, Dzuro and his colleagues were determined to bring Dokmanović to justice. In addition to the story of the pursuit and arrest of Dokmanović, emThe Investigator/em provides a realistic picture of the war crime investigations that led to the successful prosecution of a number of war criminals. Visit warcrimeinvestigator.com for more information or watch a book trailer.
eBook
Breaking the devil's pact : the battle to free the Teamsters from the mob
\"In 1988, despite powerful Congressional opposition, U.S. Attorney Rudy Giuliani brought a massive civil racketeering (RICO) suit against the leaders of the behemoth International Brotherhood of Teamsters (IBT) and more than two dozen Cosa Nostra (LCN) leaders. Intending to land a fatal blow to the mafia, Giuliani asserted that the union and organized-crime defendants had formed a devil's pact. He charged the IBT leaders with allowing their organized-crime cronies to use the union as a profit center in exchange for the mobsters' political support and a share of the spoils of corruption. On the eve of what would have been one of the most explosive trials in organized-crime and labor history, the Department of Justice and the Teamsters settled. Breaking the Devil's Pact traces the fascinating history of U.S. v. IBT, beginning with Giuliani's controversial lawsuit and continuing with in-depth analysis of the ups and downs of an unprecedented remedial effort involving the Department of Justice, the federal courts, the court-appointed officers (including former FBI and CIA director William Webster and former U.S. attorney general Benjamin Civiletti), and the IBT itself. Now more than 22 years old and spanning over 5 election cycles, U.S. v. IBT is the most important labor case in the last half century, one of the most significant organized crime cases of all time, and one of the most ambitious judicial organizational reform efforts in U.S. history. Breaking the Devil's Pact is a penetrating examination of the potential and limits of court-supervised organizational reform in the context of systemic corruption and racketeering\"-- Provided by publisher.
Book
The Effect of Prison Population Size on Crime Rates: Evidence from Prison Overcrowding Litigation
Simultaneity between prisoner populations and crime rates makes it difficult to isolate the causal effect of changes in prison populations on crime. To break that simultaneity, this paper uses prison overcrowding litigation in a state as an instrument for changes in the prison population. The resulting elasticities are two to three times greater than those of previous studies. A one-prisoner reduction is associated with an increase of fifteen Index I crimes per year. While calculations of the costs of crime are inherently uncertain, it appears that the social benefits associated with crime reduction equal or exceed the social costs of incarceration for the marginal prisoner.
Journal Article
Alteration of court charges: ways of legislative solution of the problem
The article deals with the issues relevant for the criminal proceedings of Russia, connected with the practical need of legislative consolidation of procedural rules fixed in the Code of Criminal Procedure of the Russian Federation (CCP RF) that provide a possibility for the court to alter charges brought by preliminary investigation bodies. The current procedural rules, to change accusation for a graver verdict, establish the procedure enshrined in Article 237 of the CCP RF, according to which the court must return a criminal case to the prosecutor, while the latter has to return the same to the investigator (interrogating officer). This practice in fact returns the law enforcer to the provisions of the Russian Soviet Federative Socialist Republic Code of Criminal Procedure that maintained the existence of the institute of supplementary investigation; the court annually returned from 40 to 55 thousand cases to investigators within the framework of this institute. Having set the goal to explore the problematic issues of amending a faulty accusation in court and finding an optimal legal mechanism for the court’s amending a charge towards its stiffening, the authors, using the methods of scientific knowledge – dialectical approach, comparative legal method, statistical and systemic analysis – analysed the scholarly views on the said problem and the practice of enforcing Article 237 of the CCP RF by Russian courts; made a comparative research of foreign laws governing the issues of alteration of court charges. The authors, on the basis of the research results, made a conclusion on the need to develop an efficient legislative procedure in terms of altering indictment towards a more serious verdict by the prosecution – directly at the court session, under supervision of the court and without returning a case for supplementary investigation.
Journal Article
Scandal of colonial rule : power and subversion in the British Atlantic during the age of revolution
\"In 1806 General Thomas Picton, Britain's first governor of Trinidad, was brought to trial for the torture of a free mulatto named Louisa Calderon and for overseeing a regime of terror over the island's slave population. James Epstein offers a fascinating account of the unfolding of this colonial drama. He shows the ways in which the trial and its investigation brought empire 'home' and exposed the disjuncture between a national self-image of humane governance and the brutal realities of colonial rule. He uses the trial to open up a range of issues, including colonial violence and norms of justice, the status of the British subject, imperial careering, visions of development after slavery, slave conspiracy and the colonial archive. He reveals how Britain's imperial regime became more authoritarian, hierarchical and militarised but also how unease about abuses of power and of the rights of colonial subjects began to grow\"-- Provided by publisher.
Book
Between Tradition and Modernity: The Re-trial System of the Beiyang Period in the Early Republic of China (1912-1928)
During the Beiyang period of the early Republic of China, the re-trial system覆判 referred to the practice where cases considered by the county magistrate had to be sent to the provincial high court for re-trial to ensure that the case facts were true, the law was correctly applied, and the penalties were appropriate. The scope of the re-trial cases continuously expanded from 1912 to 1922 and, finally, the Amendment to the Statutes on the Re-trial System in 1922 stipulated that all cases under the jurisdiction of the district courts where county magistrates tried, whether through appeal or re-trial, had to be re-tried by the high court or its branches. The adjustment of the scope of the re-trial cases was closely related to the extent to which the county magistrates’ judicial discretion was restricted. During the Beiyang period, due to the failure to establish formal courts of the first instance in counties throughout the country, the county magistrates concurrently handled judicial affairs, which inevitably caused the magistrates’ judicial discretion. The re-trial system was originally designed to compensate for the drawbacks of county magistrates managing judicial affairs and to facilitate the transition within the judicial system. However, the interpretation of the role of the re-trial system should not be limited to reconciliation and adaptation of the old and new judicial systems in the Beiyang period but also to compensate for the deficiencies of county magistrates’ judgments by continuously improving the re-trial procedure and to ensure the fairness of justice through restrictions on the judicial discretion of county magistrates, the enjoyment of equality of procedures, and the establishment of supervision procedures.
Journal Article