Due process and witness anonymity

Article Abstract:

Monroe Leigh feels that the accused in Prosector v. Tadic before the international war crimes tribunal for former Yugoslavia did not receive a fair trial because he was not allowed to face the witnesses or victims. However, the tribunal was correct in withholding the witnesses and victims' identities given that the tribunal had no way to protect them and they faced real fears concerning their safety and that of their families. The competing interests of the accused and the witnesses and victims were considered but the accused's needs were not automatically given more weight.

Practice, Criticism and interpretation, War crimes, International courts, Right to fair and impartial trial, Fair trial, international, Leigh, Monroe

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The due process right to opt out of class actions

Article Abstract:

Two due process arguments based upon the fact pattern from Adams v. Robertson support the right to opt out of class action lawsuits for either monetary or nonmonetary reasons. The first argument is based upon the judicial action in Phillips Petroleum Co. v. Shutts and extends the opt out right for class members without monetary damages. The second argument is based upon the two prong procedural fairness test in Mathews-Doehr and would grant opt out rights to members who lack minimum contacts with the forum state.

United States, Class actions (Civil procedure), Class action lawsuits, Case Note

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The Crown Court Witness Service: little help in the witness box

Article Abstract:

Issues discussed concern the services rendered by the Crown Court Witness Service in England and Wales, focusing on the lack of support systems for witnesses who must testify in court in front of the defendant. Topics addressed include the emotional aspects of providing evidence from the witness box, speaking aloud and with composure when under stress, and responding to cross-examinations.

United Kingdom, Psychological aspects, Examination of witnesses, Witness examination

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