Reference health
Discriminatory Acquittal
15/15 checkable references clean · checked 2026-08-27
Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.
55 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.
The 15 checked references that resolve
resolves10.2307/797227
License to Nullify: The Democratic and Constitutional Deficiencies of Authorized Jury Lawmaking
resolves10.1163/9789004279926_019
International Convention on the Elimination of all Forms of Racial Discrimation
resolves10.1163/ilwo-vf34
V.F.34 Treaty for Amazonian Co-operation (2 Aug 78). See Basic Document V.C.3, supra
The 55 references without a DOI — listed, not checked
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no DOI — not checkedhowever, the majority opinion in McCleskey used the possibility that jury discrimination rulings might someday apply to gender as a slippery slope argument
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no DOI — not checkedF]or anyone who takes seriously the jury as a bridge between community values and the law, jury nullification is a strong plank
no DOI — not checkedThe Moral Obligation of the Juror to the Law, 112 PENN ST
no DOI — not checkedBut see Pamela Baschab, Jury Nullification: the AntiAtticus, 65 ALA
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no DOI — not checkedUnited Nations Committee on the Elimination of Discrimination Against Women, General Recommendation 19
no DOI — not checkedArguably, government acquiescence in violence against women also violates international customary law against torture. See Rhonda Copelon, Recognizing the Egregious in the Everyday: Domestic Violence as Torture
no DOI — not checkedref27
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no DOI — not checkedbut also makes them responsible for otherwise "private" acts if they fail to fulfill their duty to prevent and punish such acts. See General Recommendation on Discrimination Against Women, supra note 273. (The United States stands almost alone in not ratifying CEDAW.) The Declaration on the Elimination of Violence Against Women decries the "long-standing failure to protect and promote [women's] rights and freedoms in the case of violence against women," and makes clear that "violence against women constitutes a violation of the rights and fundamental freedoms of women and impairs or nullifies their enjoyment of those rights and freedoms
no DOI — not checkedref30
no DOI — not checkedguaranteeing victims rights to notice and presence at all proceedings, to be heard at sentencing, to confer with the prosecutor, to restitution as provided for in law, rights against unreasonable delay, and "[t]he right to be treated with fairness and with respect for the victim's dignity and privacy"). Thirty-three states now have victims' rights amendments, and every state and the federal government have victims' rights statutes with varying provisions. See Hon
no DOI — not checkedCongress has even considered a victims' rights amendment to the Constitution similar to the federal statute. The Victims' Bill of Rights Constitutional Amendment was originally introduced as S
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no DOI — not checkedNone of these, however, offer victims direct procedural participation in criminal trials or substantive constitutional rights to equal protection
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no DOI — not checkedCivilian systems often allow victims and their attorneys to stand beside prosecutors and defense lawyers, to question witnesses and to give closing arguments. See Christine Van Den Wyngaert
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no DOI — not checkedCrime Victims in German Courtrooms: A Comparative Perspective on American Problems, 32 STAN
no DOI — not checkedAdversarial Trial System on a Civil Law Foundation, 17 YALE J. INT'L L. 1, 14 (1992) (stating that in Italy, injured persons are entitled to participate as parties to criminal case from pretrial to appeal). Interestingly, a few American states still allow victims to retain counsel to represent their interests alongside the public prosecutor for minor crimes. See Cronan ex rel
no DOI — not checkedIn our adversarial notion of criminal justice, however, it is very difficult for us to imagine expanding victims' rights beyond the usual unenforced, tepid statutory requirements of notice and allocution. In contrast, civil systems are inquisitorial, more focused on seeking out the truth than on balancing adversarial rights to participate in the system. Pizzi & Marafioti, supra note 281, at 7. Including victims directly in our own process would require fundamental transformation of our adversarial criminal justice system, a system embedded in our Constitution and constitutional jurisprudence. We would have difficulty situating a third party in the delicate balance between government and criminal defendant. See Rachel King, Why a Victims' Rights Constitutional Amendment Is a Bad Idea: Practical Experiences from Crime Victims, 68 U
no DOI — not checkedWe exclude individual victims from the process in part to prevent a notion of retribution by any particular victim
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no DOI — not checkedA prosecutor has the responsibility of a minister of justice and not simply that of an advocate
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no DOI — not checkedApp. 1995) ("[A] prosecutor does not 'represent' the victim in a criminal trial; therefore, the victim is not a 'client' of the prosecutor
no DOI — not checkedThe prosecutor does not represent the victim of a crime, the police, or any individual. Instead, the prosecutor represents society as a whole
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no DOI — not checkedthe Court reversed a death penalty sentence for failure to permit voir dire on racial prejudices simply because the defendant and victim were different races. Yet the Court refused to reverse the murder conviction itself, reasoning that the possibility of racist discretion was greater in the sentencing context than in conviction. Id. at 37-38. Justice Brennan, in dissent, decried the injustice of finding that a particular jury was good enough to convict for murder but not good enough to sentence to death
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no DOI — not checkedOpening up the questioning process is likely to enhance the quality of juror screening without doing violence to the fair trial ideal
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