Unpacking Show Trials

Jeremy Peterson (Law Clerk, Aldisert, 3d Cir.), Unpacking Show Trials: Situating the Trial of Saddam Hussein, 48 Harv. Int'l L.J. 257 (2007)

Breaks down show trials into two elements: increased probability of conviction from government planning and control; focus on the audience outside rather than the defendant inside. I disagree with both elements: show trials could be civil, and show trials could be for the purpose of acquittal.

Breaks down a bunch of characteristics of show trials. Talks about whether Saddam's trial was a show trial (it was; gee, you think?).

I don't really buy most of the argument, and I think a better dichotomy can be drawn between show and political trials. Perhaps just going back to Kirchheimer for a lot of it, but also Eric Posner might have some good things to say in his paper.

This was the paper that inspired me to want to write my own in this area, because it's really kind of inadequate. As for other examples to examine: Lynne Stewart, Scooter Libby.

Interesting references

Leora Belsky, Transformative Justice: Israeli Identity on Trial (2004)

Georgia Wralstead Ulmschneider, Rape and Battered Women's Self-Defense Trials as "Political Trials": New Perspectives on Feminists' Legal Reform Efforts and Traditional "Political Trials" Concepts, 29 Suff. U. L. Rev. 85 (1995)