(DOWNLOAD) "Evolving Equality: The Development of the International Defense Bar." by Stanford Journal of International Law * eBook PDF Kindle ePub Free
eBook details
- Title: Evolving Equality: The Development of the International Defense Bar.
- Author : Stanford Journal of International Law
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 476 KB
Description
Defense counsel in international criminal proceedings face difficult challenges that are intrinsic to the modern system of internationalized accountability; yet their professionalism and performance represent perhaps the most determinative dimension for evaluating the overall fairness of what the worm terms "justice" for grievous atrocities. Defense teams labor against the tides of public opinion and the deeply felt pain of the victims of mass atrocities. Abandonment of appropriate defense efforts, whether the result of professional fecklessness or personal pressures, would transform international criminal law into an organized sham aimed at achieving a shadow of justice while undermining the rights of the individuals unlucky enough to face charges against the combined weight of political and judicial will. Since its genesis in the wake of World War II, the growth of a modern field termed international criminal law is necessarily paralleled by the development of a mature defense role that helps ensure that every defendant's culpability or innocence is grounded in the soil of individual responsibility rather than irrational prejudice or irresponsible collective guilt. The developmental arc of the international defense bar in its organizational and systematic context has, however, been surprisingly underexplored. This article discusses the jurisprudence associated with the precept of equality of arms between the prosecution and defense. Highlighting the key challenges encountered by the defense that impair perfect equality of arms, this article will describe the organizational responses in modern practice. This article documents the empirical indicators supporting the assertion that defendants receive assistance from an organized and mature defense bar, despite its imperfections and occasional inadequacies. The holistic system of international criminal justice provides rough procedural parity to the defense, despite the recurring ethical dilemmas highlighted herein. This article
 "Evolving Equality: The Development of the International Defense Bar." by Stanford Journal of International Law * eBook PDF Kindle ePub Free){kind=link}