Third-Year Student's Article Finds Publication in Peer-Reviewed Journal
2013 news archive
Newton, MA--Third-year BC Law student Anjali Pathmanathan’s article “‘Round Peg, Square Hole?’ The Viability of Plea Bargaining in Domestic Criminal Justice Systems Prosecuting International Crimes” has been published in the peer-reviewed journal International Criminal Law Review. The article appears in the most recent issue, Volume 13, Issue 2.
The article grew out of an independent study Pathmanathan conducted with Professor Joan Blum. “It is a testament to Anjali's insight and hard work that she published a piece as a professional while she is still a law student,” Blum said. “I’m very proud of her.”
According to their website, the International Criminal Law Review publishes in-depth analytical research that deals with substantive and procedural law on the international level; important cases from national jurisdictions, which have a bearing on general issues; criminological and sociological research; and historical research.
Anjali, who recently completed an internship in New York with Amnesty International under the Law School’s Semester in Practice program, plans to work in criminal law and international human rights after graduation.
During peacetime, no nation envisions that its people could ever succumb to genocide. Therefore, when a justice system never anticipated the challenge of prosecuting all perpetrators of genocide, the judicial institutions struggle of fitting the ‘round peg’ of these countless heinous crimes into the ‘square hole’ of an unprepared criminal justice system. Thus, this article turns to the extensive use of plea bargaining as a potential solution to this problem, using the courts of Bosnia and Herzegovina (BiH) as an example of a nascent criminal justice system developing in the wake of mass atrocity. Since plea bargaining has the potential to offer victims greater retribution and reconciliation if they see their perpetrators processed through the criminal justice system in some capacity rather than not at all, I propose that if administered cautiously and within an informed community, increasing plea bargaining in BiH could contribute positively to rebuilding the community.
Link to full article: http://booksandjournals.brillonline.com/content/15718123