Pub Date : 2019-10-24DOI: 10.1093/oso/9780190903572.003.0002
G. Fletcher
This chapter discusses the procedure for prosecuting international crime. Being guilty of an international crime is one thing; being prosecuted and convicted is quite another. Being guilty in principle requires the following: first, an identification of a norm under which the suspect would be guilty if the norm applied to them; second, the application of the norm to the offender to conclude that the particular person is guilty. Initially, this two-stage procedure might take place in the minds of observers, and then, in the minds of people capable of bringing to bear the procedures of the International Criminal Court (ICC) or other international-national tribunals in order to effectuate a conviction. In either case, the notion of liability or guilt requires reasoning in a syllogism. The major premise is the substantive law, and the minor premise consists of the facts that appear to be provable at trial.
{"title":"Substance and Procedure","authors":"G. Fletcher","doi":"10.1093/oso/9780190903572.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780190903572.003.0002","url":null,"abstract":"This chapter discusses the procedure for prosecuting international crime. Being guilty of an international crime is one thing; being prosecuted and convicted is quite another. Being guilty in principle requires the following: first, an identification of a norm under which the suspect would be guilty if the norm applied to them; second, the application of the norm to the offender to conclude that the particular person is guilty. Initially, this two-stage procedure might take place in the minds of observers, and then, in the minds of people capable of bringing to bear the procedures of the International Criminal Court (ICC) or other international-national tribunals in order to effectuate a conviction. In either case, the notion of liability or guilt requires reasoning in a syllogism. The major premise is the substantive law, and the minor premise consists of the facts that appear to be provable at trial.","PeriodicalId":356531,"journal":{"name":"The Grammar of Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126834835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-24DOI: 10.1093/oso/9780190903572.003.0006
G. Fletcher
This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.
{"title":"Victims and Offenders","authors":"G. Fletcher","doi":"10.1093/oso/9780190903572.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780190903572.003.0006","url":null,"abstract":"This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.","PeriodicalId":356531,"journal":{"name":"The Grammar of Criminal Law","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123763286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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