Chile - criminal jurisdiction - prosecution of officials of secret service for assassination of former Ambassador to United States
The Chilean Supreme Court's 1995 ruling in the Orlando Letelier assassination case confirmed the earlier convictions of military officers for masterminding the murder of the US ambassador. Besides acting as a symbolic victory for principles of civil society, the decision shows military officers will be held accountable for their actions. In reestablishing the independence of the country's judiciary, the Court methodically considered each element of proof of the officers' involvement, as well as related issues of extradition and double jeopardy.
Publication Name: American Journal of International Law
Adjusting a criminal defendant's sentence after a successful collateral attack
Flexibility should be allowed in adjusting sentences for criminal defendants who are successful in collaterally attacking their convictions because of changes in the criminal law. In cases in which the sentence was based on a plea agreement, resentencing could be based on the remaining valid counts or on reinstatement of the original indictment. Relevant issues include jurisdiction, due process, double jeopardy, statutes of limitations, contract law, and principles of proportionate punishment.
Publication Name: University of Chicago Law Review
The system of criminal law
Publication Name: University of New South Wales Law Journal
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