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The Crime of Complicity - by Professor Amos N. Guiora | sponsored by ASU Law School and CLE West


Total Credits: 3 including 3 Ethics

Average Rating:
   2
Faculty:
Amos N. Guiora |  Adam Chodorow |  Gary Stuart
Duration:
3 Hours 30 Minutes
License:
Product Setting: Expires 90 day(s) after program date.

Dates


Description

If you are a bystander and witness a crime, should you have a legal, as well as a moral, obligation to intervene?


Professor Amos N. Guiora examines this critical and timely question. He addresses the bystander-victim relationship, focusing on the Holocaust. He starts with his own family’s experiences and then explores cases in contemporary society, including sexual assault on campuses and other recent cases. Guiora asserts that a society cannot rely on morals and compassion alone to determine our obligation to help another in danger. He concludes that it is ultimately a legal issue and we must make the obligation to intervene a legal one, such that non-intervention becomes a crime. Since the publication of this book, Guiora has been actively involved in promoting legislation in different states regarding bystander obligation-duty to act.


Prof. Guiora will be interviewed by Professor Adam Chodorow to discuss the proposed crime of complicity. Looking at issues of criminal liability for those who choose not to get involved, Prof. Chodorow will discuss with Prof. Guiora how this theory could be applied and the potential unintended consequences of enforcement.


Professor Amos N. Guiora will also discuss his newest book on Chief Justice Earl Warren. This text explores whether Miranda rights should be extended to terrorists who commit acts of terrorism in the U.S and should be of interest to assist students, lawyers, prosecuting attorneys, defense attorneys, judges, journalists and others interested in criminal law and anti-terrorism efforts.
Every time a terrorist attack occurs on American soil, commenters question whether Miranda protections should be extended to the perpetrators. Sadly, this is an issue that is not going away, and it deserves our fullest attention given its extraordinary importance to the suspect, law enforcement, the courts, and the public. That President Barack Obama and then AG Eric Holder couldn’t agree on the answer highlights the need to resolve the issue.


Prof. Gary Stuart and Prof. Guiora will delve into this timely issue:

  • Whether Miranda protection be afforded to acts of terrorism; 
  • Chief Justice Warren’s intent in Miranda and the rulings that have strengthened and weakened that decision;
  • And the modern factors we should consider in determining whether Miranda should apply to modern terrorism.

Faculty

Amos N. Guiora's Profile

Amos N. Guiora Related Seminars and Products

Professor

S.J. Quinney College of Law, University of Utah


Amos N. Guiora is Professor of Law at the S.J. Quinney College of Law, University of Utah. He teaches Criminal Procedure, International Law, Global Perspectives on Counterterrorism and Religion and Terrorism, incorporating innovative scenario-based instruction to address national and international security issues and dilemmas.

 

Professor Guiora was a Member of the American Bar Association's Law and National Security Advisory Committee from 2010-2014 and is currently a Research Associate at the University of Oxford, Oxford Institute for Ethics, Law and Armed Conflict; a Research Fellow at the International Institute on Counter-Terrorism, The Interdisciplinary Center, Herzylia, Israel; a Corresponding Member, The Netherlands School of Human Rights Research, the University of Utrecht School of Law; Policy Advisor, Alliance for a Better Utah; and Member of the Board (elected), Center for Documentary Expression and Art, Salt Lake City.

 

Professor Guiora has published extensively both in the U.S. and Europe on issues related to national security, limits of interrogation, religion and terrorism, the limits of power, multiculturalism and human rights. He is the author of several books and book chapters, most recently: The Crime of Complicity: The Bystander in the Holocaust (will be translated into Chinese and Dutch); In the Crosshairs of Unfettered Executive Power: The Moral Dilemmas of Justifying and Carrying Out Targeted Killings; Targeted killings: Defining and Applying the Limits of Military Ethics; Establishing a Drone Court: Restraints on the Executive Branch; First Amendment and National Security; Global Perspectives on Cybersecurity. 

 

Professor Guiora’s book, Chief Justice Earl Warren: Miranda, Individual Rights and Terrorism, is now available on Amazon.

 

Professor Guiora’s research and book, The Crime of Complicity: The Bystander in the Holocaust, helped build a foundation for legislation introduced in the 2018 Utah Legislative Session by Representative Brian King that would require Utah citizens to assist others who are suffering, or are threatened with serious bodily injury associated with a crime or another emergency.

 

Professor Guiora has been deeply involved over a number of years in Track Two negotiation efforts regarding the Israeli-Palestinian conflict predicated on a preference and prioritization analytical tool. Guiora has testified before the U.S. Senate Judiciary Committee; the U.S. House of Representatives Committee on Homeland Security; and the Committee on Foreign Affairs in the Dutch House of Representatives. He served for 19 years in the Israel Defense Forces as Lieutenant Colonel (retired), and held a number of senior command positions, including Legal Advisor to the Gaza Strip and Commander of the IDF School of Military Law.

 

Professor Guiora has received grants from both the Stuart Family Foundation and the Earhart Foundation, and was awarded a Senior Specialist Fulbright Fellowship for The Netherlands in 2008.  In 2011, he received the S.J. Quinney College of Law Faculty Scholarship Award. In 2015, he was elected a member of the Benchers Society at Case Western Reserve University School of Law.


Adam Chodorow's Profile

Adam Chodorow Related Seminars and Products

Associate Dean of Academic Affairs

Sandra Day O'Connor College of Law, ASU


Willard H. Pedrick Distinguished Research Scholar

 

Adam Chodorow’s research and teaching interests lie in tax, administrative and regulatory law. He teaches a variety of tax courses, as well as business organizations. His research focuses on religious taxation and a variety of contemporary tax issues, such as the taxability of virtual income.

Professor Chodorow is a past Chair of the Teaching Tax Committee of the ABA’s Tax Section and the AALS's Section on Jewish Law.  He is a fellow of the American College of Tax Counsel and a member of the Academic Advisory Board of the Tannenwald Writing Competition.  He previously served as  Faculty Editor of Jurimetrics: The Journal of Law, Science, and Technology, published by the College together with the ABA’s Section of Science & Technology Law. 

Before joining the faculty in 2004, Professor Chodorow clerked for Judge Joseph H. Gale of the U.S. Tax Court. At New York University, he won the David H. Moses Memorial Prize for having the highest cumulative academic average and the Harry J. Rudick Memorial Award for distinction in the LL.M. Tax Program. Professor Chodorow was an attorney at Pacific Gas & Electric Company in San Francisco, where he worked on energy-related litigation and regulatory matters, and he also practiced commercial litigation for Shartsis, Friese & Ginsburg.

 

Education

B.A., Classics, Yale College (1987)
M.A., History, University of Virginia (1990)
J.D., University of Virginia (1990)
LL.M., New York University (2003)


Gary Stuart's Profile

Gary Stuart Related Seminars and Products

Gary L. Stuart, P.C.


GARY STUART spent 32 years as a partner in Jennings, Strouss & Salmon, PLLC, in Phoenix Arizona. He now practices part time as Gary L. Stuart, P.C. He earned degrees in Finance and Law at the University of Arizona. Martindale-Hubble lists him as an A-V lawyer and a Premier American Lawyer. He was profiled in Who’s Who in American Law (First Edition). He is a sustaining member of Best Lawyers in America, Arizona’s Finest Lawyers, and Southwest Superlawyers. The Maricopa County Bar Association inducted him into its Hall of Fame in October 2010. The National Institute of Trial Advocacy honored him with its Distinguished Faculty designation in 1994. The University of Arizona Alumni awarded him its 2016 Professional Achievement Award. He holds the juried rank of Advocate and served as President of the American Board of Trial Advocates (Arizona Chapter). Stuart completed an eight-year term on the Arizona Board of Regents, and served as its President in 2004-2005. He taught as Adjunct Faculty at the University of Arizona James E. Rogers College of Law (2000-2005).
He has been on the Adjunct Faculty at the Sandra Day O’Connor College of Law since 1994, where he continues to teach Legal Ethics, Legal Writing, and Appellate Advocacy. He also serves as Senior Policy Advisor to the Dean at the ASU College of Law.
He limits his part-time law practice to legal ethics, bar admission, professional discipline, law firm consulting, and expert witness work in legal malpractice and ethics cases.
He served three terms on the Arizona State Bar’s Case Conflict Committee as its Probable Cause Panelist and is a current member of the Arizona Supreme Court’s Attorney Disciplinary Panel, which hears disciplinary cases. He was a member of the Arizona State Bar Rules of Professional Conduct Committee for 23 years and served as its chair for ten years. He has written more than fifty ethics committee opinions. He served on numerous ethics-related committees at the state and national levels. He wrote two published books on ethics, and more than one hundred law review and journal articles, op-ed pieces, essays, stories, and CLE monographs.