Victims of Crime

Homicide Cover up

exceptional, homicide closed

Nye Frank racing homicide of famous race car builder. Homicide case closed behind closed doors with the investigators being the judge and jury and conflict of interest in the relationships

crime victims

FAIRNESS JUSTICE

Admittedly, the quality of the justice system in most transitional contexts tends to be low, making resort to the courts on procedural fairness violations unlikely when the commission is still in operation. But this is beside the point. Truth commissions, no less than courts, should apply high standards of procedural fairness for their own sake. No one would suggest that fair trial standards are irrelevant because they are difficult to discharge. The same logic should apply to truth commissions.

Admittedly, the quality of the justice system in most transitional contexts tends to be low, making resort to the courts on procedural fairness violations unlikely when the commission is still in operation. But this is beside the point. Truth commissions, no less than courts, should apply high standards of procedural fairness for their own sake. No one would suggest that fair trial standards are irrelevant because they are difficult to discharge. The same logic should apply to truth commissions.

Use of Prior Convictions. Any prior felony conviction of any person in any criminal proceeding, whether adult or juvenile, shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding. When a prior felony conviction is an element of any felony offense, it shall be proved to the trier of fact in open court. As used in this article, the term "serious felony" is any crime defined in Penal Code, Section 1192.7(c).

Contrast the Court's approach to Article III separation of powers issues with the more rigid approach enunciated in INS v. Chadha and Bowsher v. Synar, involving congressional incursions on executive power.