Walter G. Tonkle, former president of the United States, is charged with war crimes by the International Criminal Court based on allegations of torture in a military prison, which President Tonkle had authorized. Based on the Statute of Rome, the charges will be dismissed if the home country, the United States, commences an investigation of the charges. (See an overview of the International Criminal Court and the Statute of Rome by clicking here.) At the same time, however, charges are filed in the European Union, Spain, India, Russia and China against President Tonkle. More charges from more countries are coming in every day. An investigation is commenced in the United States, and you are working for the defense attorney.
Answer the following question:
How would the Tonkle case be affected by general differences in law under the four main types of legal systems?
(a) Discuss the civil law, the common law, a religious legal system, and a socialist legal system in four separate sections. Place the name of the legal system in bold at the top of each section.
(b) In each section, first include a paragraph explaining the main features of that system. Include relevant quotes from the readings of this course, and explain how they back up your points. Make sure to use quotation marks, and reference the article in parentheses after each quote.
(c) The next paragraph in each section should discuss how the features of the system would affect the trial. Again, use relevant quotes from the course readings and explain how they back up your points.
(c) FOR LAW AND SOCIETY MAJORS ONLY: The next three paragraphs in each section should each discuss (1) the history of that system , (2) the structure of that system, and (3) the procedure of that system. Use relevant quotes from the course readings and explain how they back up your points.
(d) FOR ALL STUDENTS: Create a separate section of the paper, with the heading Comparison of Legal Systems. In this section, write a paragraph explaining which legal system would be most favorable to the defendant, Tonkle. Use relevant quotes from the course readings and explain how they back up your points.
Then, write another paragraph explaining why the other systems would be less favorable to the defendant. Use relevant quotes from the course readings and explain how they back up your points.
(e) FOR ALL STUDENTS: Create a separate section of the paper, with the heading Post-Colonial Thought. In this section, write a paragraph explaining how concepts of legal imperialism and post-colonial thought would affect the trial. Use relevant quotes from the course readings and explain how they back up your points.
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