McGeorge School of Law

Distinguished Professor Carter: National and International Criminal Procedure Scholar

May 29, 2014

Linda Carter

Distinguished Professor Linda Carter talking with McGeorge students.

Distinguished Professor Linda Carter has written extensively on death penalty, evidence, international treaty issues, and international criminal procedure throughout her academic career. She is the co-author of a treatise on Capital Punishment Law, books on Global Issues in Criminal Law and Criminal Procedure, and a recent book on International Criminal Procedure. Carter co-directs the Brandeis Institute for International Judges (BIIJ) with Justice Richard Goldstone of South Africa. Her two most recent projects illustrate the development of her scholarship in international criminal law, with a focus on war crimes tribunals.

In International Criminal Procedure: The Interface of Civil Law and Common Law Legal Systems, Professor Carter and her co-editor, Judge Fausto Pocar of the International Criminal Tribunal for the former Yugoslavia, take a comparative law approach to the analysis of procedures in international tribunals. The international tribunals have borrowed from both civil law and common law systems. At times, the blending works well; at other times, there is a clash. The book considers selected topics that have posed the issue of how to incorporate a procedure into the international venue. The topics include plea bargaining, pretrial witness preparation, written evidence, self-representation and assistance by counsel, victim participation, and reconsideration of facts and sentencing on appeal. Professor Carter and Judge Pocar also wrote an introductory chapter which explains crucial fundamental conceptual differences between civil and common law systems.

In July 2013, Professor Carter participated for the eighth time in the Brandeis Institute for International Judges (BIIJ), working with Justice Goldstone and Professors Dan Terris and Leigh Swigart of the Brandeis International Center for Ethics, Justice, and Public Life. For each Institute, one judge is invited from each of the existing international tribunals. These include the International Court of Justice, the World Trade Organization Appellate Body, the European Court of Justice, the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Tribunal for Lebanon, the International Criminal Court, the Special Court for Sierra Leone, the African Court of Human and Peoples' Rights, the Inter-American Court of Human Rights, the Caribbean Court of Justice, the Extraordinary Chambers in the Courts of Cambodia, and the International Tribunal for the Law of the Sea. Although the judges come from courts with very different areas of legal expertise, the BIIJ themes are designed to raise issues that all international tribunals face.

The July BIIJ theme was The International Rule of Law in a Human Rights Era. Specific topics included: the expanding impact of human rights law on international courts and tribunals; the impact of international human rights norms at the national level; how universal human rights are; the role of state engagement and diplomacy in international justice; and what developments and models of international justice we are likely to see in the future. In addition to assisting in the development of the theme and program, Professor Carter co-facilitated the discussion on the future of international justice. A report is published after each Institute and this report will also be published in The Globe.