ICL

Question 1

5 Ad-Hoc International Courts

Answer 1

1. ICTY (International Criminal Tribunal for the former Yugoslavia)
2. ICTR (International Criminal Tribunal for Rwanda
3. Special court for Sierra Leone
4. Extraordinary chambers for the courts of Cambodia
5. Special Tribunal for Lebanon

Question 2

ICC

Answer 2

First and only permanent international criminal court. Independent of UN.

Question 3

ICC Jurisdiction

Answer 3

After July 1, 2002. War Crimes, Genocide, Crimes against Humanity (only if home country won’t prosecute)

Question 4

How many general assembly countries?

Answer 4

193

Question 5

How many interpol countries?

Answer 5

190

Question 6

Extradition Treaty w/ US countries?

Answer 6

122

Question 7

Members of the ICC?

Answer 7

121 (US is not)

Question 8

ICJ

Answer 8

Established in 1945. More like international ADR. Settle disputes between states. Issue advisory opinions.

Question 9

How many Federal Prosecutors (and what categories?)

Answer 9

9500 (DOJ Trial attys, Assistant US atty, US atty) Atty General is boss

Question 10

How many federal districts?

Answer 10

94

Question 11

Federal Felony Conviction results in…

Answer 11

Loss of right to vote, right to bear arms, right to serve on a jury and run for president

Question 12

Is there early release or parole in Federal?

Answer 12

No

Question 13

Trying cases where you aren’t certified in that state

Answer 13

Prohoc vice motion: appear ask to represent x for x case.

Some districts require local counsel

(east virginia will not waive)

Question 14

Process for determining x-jur

Answer 14

Look to statute->look to in. law

Question 15

Five Principles of Extrateritoriality

Answer 15

1. nationality (accused cit)
2. passive personality (victim cit)
3. territoriality (Occuring)
   a. special maritime
   b. objective
4. universality
5. protective

Question 16

Who does sentencing in Federal court?

Answer 16

Judge

Question 17

Do federal drug conspiracies require an overt act?

Answer 17

No. Overt act can be a substantive offence itself

Question 18

Objective Territorial Principle (Also known as Effects Principle)

Answer 18

Is there an effect intended or realized in the US

Question 19

Nationality Principle

Answer 19

Is the accused a national of the US

Question 20

Passive Personality Principle

Answer 20

Is the victim a national of the US

Question 21

Protective Principle

Answer 21

Does the specific act harm national security or it’s actions

Question 22

Universality Principle

Answer 22

heinous crime committed (ICC)

Question 23

Does the US like Universal Jd?

Answer 23

No. It’s not codified and the political figures don’t want to fight a charge outside the US

Question 24

Nulle Crimen sin lege

Answer 24

Cannot charge without a statute

Question 25

Who does MEJA apply to?

Answer 25

Civilian employees of DOD

Question 26

What do status of force agreements do?

Answer 26

allow for the processes of determining who can prosecute a member of the armed forces

Question 27

Does the 4th amendment aply to aliens abroad later tried in US?

Answer 27

No

Question 28

What rights do you get in deportation hearings?

Answer 28

Legal rights of constitution if arrested on legal american territory

Question 29

General Rule on 4th amendment abroad (if US is involved)

Answer 29

US citizens get it

Question 30

Do you need a warrant stateside for an action abroad?

Answer 30

No. But you must follow laws of foreign country.

Question 31

Does the 4th amdmt apply at international airports?

Answer 31

No. You are not in US.

Question 32

Can coast guard board and search?

Answer 32

Yes, and if they get prob. cause, they can do an extensive search.

Question 33

Are warrants req. for gathering for. int.?

Answer 33

No.

Question 34

Does the 5th extend to foreign jx?

Answer 34

No

Question 35

Letters Rogatory

Answer 35

Formal and Informal | *Defense must show that the evidence is favorable and material.

Question 36

MLATS

Answer 36

Mutual Legal Assistance Treaties: provide for taking of evidence and statements abroad; assists in availablity of witnesses, judicial processes, seeing objects and sights

Question 37

Grand Jury subpoenas or Depos

Answer 37

Subpoena: If US national does not comply =contempt

Question 38

Three types of charging documents

Answer 38

Indictment Criminal Complaint Criminal information