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| Professors Catherine Grosso, Barbara O´Brien, Carolina Ahumada, Satoru Shinomiya, Hiroshi Fukurai and Andrés Harfuch. |
Ad Hoc published the book “Ne bis in idem, double jeopardy, and the finality of the jury verdict”, edited by Andrés Harfuch, with a foreword by the renowned scholar Alberto Binder, and featuring outstanding contributions by several of the world’s leading jury-trial scholars, including American professors Catherine Grosso & Barbara O’Brien (Michigan State University); Japanese professors Hiroshi Fukurai & Satoru Shinomiya (Kokugakuin University, Japan and University of California, Santa Cruz); and Argentine professors Carolina Ahumada & Andrés Harfuch (University of Buenos Aires – UBA).
The book pays tribute to the decisions in McElrath v. Georgia of the Supreme Court of the United States (USSC, 2024) and Pitman of the Supreme Court of Justice of the Province of Buenos Aires (SCJPBA, 2024), which held that jury verdicts of acquittal are not subject to appeal, as a consequence of the protection afforded by the universal guarantee of double jeopardy and the appeal as a conventional guarantee (ICHR) belonging exclusively to the accused.
Both decisions, published here, were handed down only a few months apart. The first was McElrath v. Georgia, which involved a highly significant amicus curiae brief submitted by some of the most prestigious professors and scholars in the United States, and which is included in this book. In McElrath, the U.S. Supreme Court, in an opinion authored by the first African-American woman to serve on the Court, Ketanji Brown Jackson, merely reaffirmed a centuries-old line of common-law precedent protecting the guarantee against double jeopardy, whose worldwide leading case is Green v. United States (1957).
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| Supreme Court of the United States. |
The exceptional Pitman decision of the SCJPBA was handed down only months after McElrath by the full bench of the Buenos Aires Supreme Court, with the votes of Hilda Kogan, Sergio Torres, Daniel Soria, and Luis Genoud (see).
It was preceded by an extraordinary opinion from the Attorney General before the Supreme Court of Buenos Aires, Julio Conte Grand (see), as well as by numerous amicus curiae briefs submitted by prominent public figures, universities, and legal organizations (AAJJ, INECIP, APP, the Public Defender Office, among others), all of which are included in the book. Most striking of all was the support of the four judges from the celebrated 1985 Trial of the Military Juntas (Arslanian, Valerga Aráoz, Ledesma, and Gil Lavedra) (see).
Recently, the Supreme Court of Argentina allowed the ruling to stand (inequívoco mensaje de la CSJN).
Both the Attorney General’s opinion and the Pitman decision were translated into several languages and immediately drew attention both in Argentina and abroad, to such an extent that this book will be published simultaneously in Brazil in Portuguese.
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| Justices of the Supreme Court of the Province of Buenos Aires, Kogan, Soria, Torres y Genoud. |
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| Attorney General Julio Conte Grand. |
The modern system of jury trials in Argentina began with the enactment of the jury-trial bill in Neuquén in 2011. From that point onward, a genuine jury revolution unfolded, culminating in the enactment of jury laws in Buenos Aires, Río Negro, Mendoza, Chaco, Catamarca, Entre Ríos, San Juan, Chubut, the City of Buenos Aires, Santa Fe, Salta, and La Rioja. Every one of these laws protects the finality of a jury’s not-guilty verdict.
Some prosecutors and victims in Buenos Aires, Chaco, Entre Ríos, and Catamarca challenged the constitutionality of this universal feature of the jury system, invoking the notion of “bilateral appellate rights,” characteristic of the French inquisitorial tradition.
The supreme courts of those provinces, however, unequivocally upheld the full constitutionality of jury-trial statutes barring both public and private prosecutors from appealing an acquittal. Those decisions—with exceptional reasoning—are included in this volume devoted to the principle of non bis in idem (Mansilla from Catamarca (see), Rodríguez-Chamorro from Chaco (see), and Cervín from Entre Ríos (see).
But it was the Pitman decision from the Province of Buenos Aires that permanently reshaped Argentine jurisprudence, both because of the quality of its reasoning and because of Buenos Aires’s particular institutional weight within the country.
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| The four judges from the celebrated 1985 Trial of the Military Juntas, Guillermo Ledesma, Ricardo Gil Lavedra, León Arslanian y Jorge Valerga Aráoz. |
As a courtesy to our readers, the PDF of Alberto Binder and Andrés Harfuch’s foreword to the Brazilian edition of the book may be downloaded here: (DESCARGAR AQUÍ PDF).
The following is an excerpt from it:
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| Alberto Binder and Andrés Harfuch. |





















