Jenia Iontcheva Turner

Jenia Iontcheva Turner

Full-time faculty

Amy Abboud Ware Centennial Professor in Criminal Law

Biography

Jenia Iontcheva Turner is the Amy Abboud Ware Centennial Professor in Criminal Law at SMU Dedman School of Law, where she teaches criminal procedure, comparative criminal procedure, international criminal law, and international law. Before joining SMU, Professor Turner served as a Bigelow Fellow at the University of Chicago Law School, where she taught legal research and writing and comparative criminal procedure. Professor Turner attended law school at Yale, where she was a Coker Fellow and articles editor for the Yale Law Journal and the Yale Journal of International Law. After her first year of law school, she was a summer clerk at the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, and the following summer, she worked at the Federal Public Defender’s Office in Houston and the New York and Paris offices of Debevoise & Plimpton.

Professor Turner’s scholarship interests include U.S., comparative, and international criminal law and procedure. Her articles have appeared in the Virginia Law Review, the Michigan Law Review, the American Journal of Comparative Law, the Virginia Journal of International Law, the Chicago Journal of International Law, and the Stanford Journal of International Law. In 2009, Professor Turner completed a textbook, Plea Bargaining Across Borders, exploring plea bargaining in several national and international jurisdictions. She is currently co-editing The Oxford Handbook of Criminal Process (with Darryl K. Brown and Bettina Weisser) and Criminal Procedures: Cases, Statutes, and Executive Materials (with Marc L. Miller, Ronald F. Wright, and Kay L. Levine).

Professor Turner is the Co-Chair of the International Criminal Law Interest Group of the American Society of International Law. She was also a member and co-organizer of the Law and Statistics Fellows Seminar at SMU in 2015-16. As part of their collaboration, seminar participants created a website on "Law and Statistics" events and resources at SMU. 

Areas of Expertise

  • Criminal Procedure
  • Comparative Criminal Procedure
  • International Criminal Law
  • International Law

Education

B.A. (International Relations, with honors), Goucher College
Caplan Scholar, Cambridge University
J.D., Yale Law School

Courses

Constitutional Criminal Procedure
Criminal Procedure in the Digital Age
Comparative Law II:  Criminal Procedure
International Crimes
International Law
International Organizations
European Union Law
Law and Statistics Fellows Seminar
 

Books

PLEA BARGAINING ACROSS BORDERS (Aspen 2009) (with Teacher's Manual)
OXFORD HANDBOOK OF CRIMINAL PROCESS (co-edited with Darryl K. Brown & Bettina Weisser) (forthcoming 2018)
CRIMINAL PROCEDURES: CASES, STATUTES, AND EXECUTIVE MATERIALS (co-edited with Marc L. Miller, Ronald F. Wright, and Kay L. Levine) (6th ed., forthcoming 2019).

Articles

 

Plea Bargaining, in Academy for Justice: A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., forthcoming 2017)

Plea Bargaining and International Criminal Justice, 48 U. Pacific L. Rev. 219 (2017) (symposium)

Two Models of Pre-Plea Discovery in Criminal Cases: An Empirical Comparison, 73 Washington & Lee Law Review 285 (2016) (with Allison Redlich)

Pre-Plea Disclosure in Germany and the United States: Open-File and Beyond, 57 William & Mary Law Review 1549 (2016) (symposium)

Evidence Laundering in a Post-Herring World, 106 Journal of Criminal Law & Criminology 627 (2016) (with Kay L. Levine and Ronald F. Wright)

The Exclusionary Rule as a Symbol of the Rule of Law, 67 SMU Law Review 821 (2014) (symposium)

Interstate Conflict and Cooperation in Criminal Cases: An American Perspective, 4 European Criminal Law Review 114 (2014) (peer review)

The Constitutionality of Negotiated Criminal Judgments in Germany, 15 German Law Journal 81 (2014) (with Thomas Weigend) (peer review) 

Effective Remedies for Ineffective Assistance of Counsel, 48 Wake Forest Law Review 949 (2013)

Policing International Prosecutors, 45 N.Y.U. Journal of International Law & Policy 175 (2013)

     Featured as the subject of an online symposium at Opinio Juris

The Expressive Dimension of EU Criminal Law, 60 American Journal of Comparative Law 555 (2012) (peer review)

     Republished as a NYU Jean Monnet Working Paper No. 14/12

Legal Ethics in International Criminal Defense, 10 Chicago Journal of International Law 685 (2010)

International Decision, Civil Party Participation in Provisional Detention Appeals, Extraordinary Chambers in the Courts of Cambodia, 103 American Journal of International Law 116 (2009) (peer review)

Defense Perspectives on Law and Politics in International Criminal Trials, 48 Virginia Journal of International Law 529 (2008)

Transnational Networks and International Criminal Justice, 105 Michigan Law Review 985 (2007)

Judicial Participation in Plea Negotiations: A Comparative View, 54 American Journal of Comparative Law 199 (2006) (peer review)

Nationalizing International Criminal Law, 41 Stanford Journal of International Law 1 (2005)

Implementing Blakely, 17 Federal Sentencing Reporter 106 (2004)

Jury Sentencing as Democratic Practice, 89 Virginia Law Review 311 (2003)

    Cited in Southern Union Co. v. United States, 132 S. Ct. 2344, 2367 (2012) (Breyer, J., dissenting)

     Translated by Hon. Yasushi Katada in Japanese-American Society for Legal Studies Journal
 

Book Chapters

Pluralism in International Criminal Procedure, in Oxford Handbook of Criminal Process (Darryl K. Brown et al. eds.) (forthcoming 2018)

The Purposes and Functions of Exclusionary Rules: A Comparative Overview, in Securing a Fair Trial Through Exclusionary Rules? A Comparative Perspective (Sabine Gless and Thomas Richter, eds.) (with Thomas Weigend) (forthcoming 2018)

Regulating Interrogations and Excluding Confessions in the United States: Balancing Individual Rights and the Search for Truth, in Securing a Fair Trial Through Excluding Evidence? A Comparative Perspective (Sabine Gless and Thomas Richter, eds.) (forthcoming 2018)

Defense Perspectives on Fairness and Efficiency at the International Criminal Court, in Oxford Handbook on International Criminal Law (Kevin Jon Heller et al. eds.) (forthcoming 2018)

Limits on the Search for Truth in Criminal Procedure: A Comparative View, in Comparative Criminal Procedure (Jacqueline Ross & Stephen Thaman eds. 2016)

Accountability of International Prosecutors, in Law and Practice of the International Criminal Court (Carsten Stahn ed. 2015)
 
Plea Bargaining, in International Criminal Procedure (Fausto Pocar & Linda Carter eds. 2013)

Negotiated Justice, in International Criminal Procedure: Principles and Rules (Göran Sluiter et al. eds. 2013) (with Thomas Weigend)

Prosecutors and Bargaining in Weak Cases: A Comparative View, in The Prosecutor in Transnational Perspective (Erik Luna & Marianne Wade eds. 2012)

Justice, Rule of Law, and Economic Reconstruction in Post-Conflict States, in Liber Amicorum for Hon. Roberto MacLean (Joseph Norton & C. Paul Rogers eds. 2008)

Transnational Networks and International Public Order, in Progress in International Organizations (Russell Miller & Rebecca Bratspies eds. 2008) 

Publications

Reply to Miriam Baer and Michael Doucette’s Reviews of Two Models of Pre-Plea Discovery in Criminal Cases, 73 Wash & Lee L. Rev. Online 471 (2016) (with Allison Redlich)

The Exclusionary Rule as a Symbol of the Rule of Law, 6 Search & Seizure L. Rep. 49 (2016) (adapted version of 67 SMU L. Rev. 821 (2014))

Foreword, The 2014 SMU Criminal Justice Colloquium, 67 SMU Law Review 489 (2014) (with Meghan Ryan)

Article 65: Proceedings on an Admission of Guilt, in KLAMBERG COMMENTARY ON THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Rule 139: Decision on Admission of Guilt, in KLAMBERG COMMENTARY ON THE RULES OF PROCEDURE AND EVIDENCE OF THE INTERNATIONAL CRIMINAL COURT

Book Review, 121 Political Science Quarterly 526 (2006) (reviewing ROBERT CRYER, PROSECUTING INTERNATIONAL CRIMES (2005))

Case Note, Sovereignty on Our Terms, 110 Yale Law Journal 885 (2001), cited in In re Vitamins Litigation, No. 99-1977FH, 2001 WL 1049433 (D.D.C. June 20, 2001)

Book Review, 26 Yale Journal of International Law 529 (2001) (reviewing William Schabas, Genocide in International Law (2000))

Book Review, 26 Yale Journal of International Law 265 (2001) (reviewing Paul J. Magnarella, Justice in Africa (2000))

Update of Current Legal Proceedings at the ICTY, 13 Leiden Journal of International Law 597 (2000)
 

Presentations

Raphael Lemkin’s Legacy for International Criminal Law
ASIL Annual Meeting
Washington, D.C. (April 6, 2018)

Thea Johnson, Fictional Pleas (Discussant) 
Criminal Justice Roundtable
Vanderbilt Law School, Nashville, TN (Nov. 18, 2017)

Plea Bargaining
Anglo-German Dialogue on Current Issues in Criminal Justice
Oxford University, Oxford, U.K. (Sept. 18, 2017)

Criminal Justice and New Technology (Moderator and Discussant)
AALS Mid-Year Criminal Justice Section Meeting
Washington, D.C. (June 12, 2017)

Miranda Safeguards Against Coerced Confessions
Should Criminals Walk Free When Constables Blunder? Exclusionary Rules as a Challenge to Criminal Justice Systems
University of Basel, Switzerland (May 19, 2017)

The Purposes and Functions of Exclusionary Rules: A Comparative Overview
Safeguarding a Fair Trial through Exclusionary Rules
University of Basel, Switzerland (May 18, 2017)

Plea Bargaining 
Academy for Justice
ASU Law School, Phoenix, AZ (Feb. 11, 2017)

Defense Perspectives on Fairness and Efficiency at the International Criminal Court
ASIL International Criminal Law Interest Group Annual Works-in-Progress Workshop
SMU Law School, Dallas, TX (Dec. 9, 2016)

ICTY Convicts Karadzic: A Roundtable Discussion About a New Interpretation of Genocide? International Law Weekend, Am. Branch of the Int’l Law Assoc.
New York, NY (Oct. 29, 2016)

The Nuremberg Tribunals’ Legacy (Moderator)
SMU Dedman School of Law (Oct. 24, 2016)

Balancing Efficiency and Fairness at the International Criminal Court: A Survey of Defense Perspectives
Strengthening the Validity of Int’l Crim. Tribunals
PluriCourts, University of Oslo, Norway (Aug. 29, 2016)

Balancing Efficiency and Fairness at the International Criminal Court: A Survey of Defense Perspectives
SEALS Annual Conference
Amelia Island, FL (Aug. 7, 2016)

Two Models of Pre-Plea Discovery in Criminal Cases: An Empirical Comparison
Law and Society Annual Meeting
New Orleans, LA (June 4, 2016)
(based on paper co-authored with Allison Redlich)

U.S. Plea Bargaining Law and Practice
Presentation to Serbian Prosecutors, International Visitor Leadership Program of the U.S. Department of State
Dallas, TX (Apr. 4, 2016)

Regulating Interrogations and Excluding Confessions in the United States: Balancing Individual Rights and the Search for Truth
Securing a Fair Trial through Exclusionary Rules—A Comparative Approach to Evidence and Fact-Finding, National Taiwan University
Taipei, Taiwan (Mar. 17, 2016)

Global Perspectives on Plea Bargaining
Global Center Symposium, Justice for Crimes Across Borders, McGeorge Law School
Sacramento, CA (Mar. 4, 2016)

Two Models of Pre-Plea Discovery in Criminal Cases: An Empirical Comparison
Faculty Colloquium, Emory Law School 
Atlanta, GA (Sept. 9, 2015)  
(based on paper co-authored with Allison Redlich)

Pre-Plea Discovery in Criminal Cases: A Tale of Two States 
CrimProf Conference, Cardozo Law School
New York, NY (July 20, 2015)
(based on paper co-authored with Allison Redlich)

The International Criminal Court: Its Present Difficulties and Uncertain Future
Dallas Bar Association, International Law Section
Dallas, TX (June 16, 2015)

The Narrowing of Prosecutorial Discretion During Pretrial at the ICC 
Law and Society Association Annual Meeting
Seattle, WA (May 31, 2015)

Pre-Plea Disclosure in Germany and the United States: Open-File and Beyond
Willamette Law School Faculty Workshop 
Salem, OR (April 27, 2016)

Pre-Plea Disclosure in Germany and the United States
William & Mary Law Review Symposium
Williamsburg, VA (February 21, 2015)
 
Pre-Plea Discovery in Criminal Cases:
A Tale of Two States

AALS Annual Meeting
Washington, D.C. (January 4, 2015)
(based on paper co-authored with Allison Redlich)

A Civil Procedure Model of Disclosure at the International Criminal Court?
International Law Weekend, ABILA
Fordham Law School
New York, NY (October 25, 2014)

Interstate Conflict and Cooperation in Criminal Cases: An American Perspective
SEALS Annual Conference
Amelia Island, FL (August 4, 2014)

A Civil Procedure Model of Disclosure at the International Criminal Court?
Sixth Annual Crim Prof Conference
Rutgers School of Law-Newark
Newark, NJ (July 21, 2014)

Limits on the Search for Truth in Criminal Procedure
University of Cologne
Cologne, Germany (June 17, 2014)

International Criminal Law Workshop
Participant
University of British Columbia
Vancouver, BC (May 2, 2014)
(via videoconference)

Testing the Boundaries of the Adversarial Contest
Moderator
SMU Criminal Justice Colloquium
Dallas, TX (January 24, 2014)

Limits on the Search for Truth in Criminal Procedure: A Comparative View
SMU Criminal Justice Colloquium
Dallas, TX (January 23, 2014)

Legal Ethics in International Practice, Nuts and Bolts of International Law Seminar
International Law Section, State Bar of Texas
Dallas, TX (October 18, 2013)

Effective Remedies for Ineffective Assistance
Southwest Criminal Law Workshop
UC Davis Law School
David, CA (September 7, 2013)

The Search for Truth in Criminal Procedure: A Comparative View
Faculty Forum
SMU Dedman School of Law
Dallas, TX (August 28, 2013)

Comments on Oren Gazal-Ayal & Avishalom Tor, The Innocence Effect
AALS Mid-Year Conference on Criminal Justice
San Diego, CA (June 12, 2013)

Effective Remedies for Ineffective Assistance

     AALS Mid-Year Conference on Criminal Justice
          San Diego, CA (June 11, 2013)
     LSA Annual Meeting
          Boston, MA (May 31, 2013)
     SMU Dedman School of Law, Faculty Forum
          Dallas, TX (April 3, 2013)

Federalism and Criminal Procedure in the United States
Presentation
European Criminal Policy Initiative
University of Munich
Munich, Germany (January 25, 2013)

Policing International Prosecutors
American Society of International Law
Research Forum, Mid-Year Meeting
Athens, GA (October 20, 2012)

Policing International Prosecutors
The Law and Practice of the International Criminal Court: Achievements, Impact and Challenges
Grotius Centre for International Legal Studies
The Hague, The Netherlands (September 27, 2012)

Comments on Impunity: What Kind of War for Colombia?
World Affairs Council
Human Rights Festival
Dallas, TX (June 2, 2012)

Comments on Stuart Ford, How Special Is the Special Court’s Outreach Section
Conference on Assessing the Contributions and Legacy of the Special Court for Sierra Leone to Africa and International Criminal Justice
University of Pittsburgh Law School
Pittsburg, PA (April 21, 2012)
 
Plea Bargaining: Comparative Perspectives
Presentation
Delegation from Kosovo
Rule of Law and the Role of Plea Bargaining Delegation
Dallas, TX (February 17, 2012)
 
Comparative Criminal Procedure
Presentation
Delegation from Saudi Arabia
Rule of Law Forum
Dallas, TX (January 22, 2012)
 
Remedies and Sanctions for Prosecutorial Misconduct at the International Criminal Court
American Society of International Law
International Criminal Law Interest Group Meeting
John Marshall Law School
Chicago, IL (December 9, 2011)
 
Negotiated Justice at International Criminal Courts: Final Report
International Expert Framework on International Criminal Procedure
The Hague Institute for Internationalization of the Law
The Hague, The Netherlands (October 28, 2011)
 
Remedies and Sanctions for Prosecutorial Misconduct at the International Criminal Court
24th International Conference of the International Society for the Reform of Criminal Law
Ottawa, Canada (August 11, 2011)
 
The Expressive Dimension of EU Criminal Law

     Law and Society Association Annual Meeting
          (June 4, 2011)
     Temple Law School, International Law Colloquium
          (April 19, 2011)
     AALS Annual Meeting
          Comparative Law Section (January 8, 2011)

Prosecutors and Bargaining in Weak Cases: A Comparative View
Washington & Lee Law School
Roundtable on Prosecutorial Discretion
Lexington, VA (April 2, 2010)

Negotiated Justice at International Criminal Tribunals
International Expert Framework on International Criminal Procedure
The Hague Institute for Internationalization of the Law
The Hague, The Netherlands (June 27, 2009, and
January 23, 2009)

Ethics for International Criminal Defense
Law and Society Annual Meeting
Denver, CO (May 29, 2009)

Ethical Dilemmas for International Criminal Defense Attorneys
International Law Colloquium
Northwestern Law School
Chicago, IL (April 6, 2009)

Addressing Corruption on a Global Basis
Moderator
Annual Institute, State Bar of Texas International Law Section
Houston, TX (March 5, 2009)

Ethical Dilemmas for International Criminal Defense Attorneys
Junior International Law Scholars Conference
Temple Law School
Philadelphia, PA (February 13, 2009)

Transnational Networks and International Cooperation: Contributions and Challenges
Moderator
The Rise of Transnational Networks Conference
SMU Dedman School of Law
Dallas, TX (November 7, 2008)

Workshop on Sociolegal Methods in International Law
Participant
University of Pittsburgh Law School
Pittsburgh, PA (September 4-5, 2008)

Plea Bargaining Across Borders: Introducing a Global Dimension to Criminal Procedure Classes
Faculty Forum
SMU Dedman School of Law
Dallas, TX (August 27, 2008)

Challenging the National/International Distinction
Discussant
Law and Society Annual Meeting
Montreal, Canada (May 31, 2008)

Two Models of Plea Bargaining: The United States and Germany
Presentation
Delegation from Indonesia, Rule of Law Forum
SMU Dedman School of Law
Dallas, TX (May 25, 2008)

Defense Counsel Views on the Law and Politics in International Criminal Trials

     Roundtable in Public International Law & Theory
          Washington University Law School
          St. Louis, MO (January 17-19, 2008)
     New Voices in Human Rights
          AALS Annual Meeting
          New York City (January 4, 2008)
     Berkeley Center for Criminal Justice
          Berkeley,CA (November 9, 2007)
     Faculty Forum SMU Dedman School of Law
         Dallas, TX  (October 4, 2007)
     Texas Junior Legal Scholars Conference
          Texas Wesleyan Law School
          Fort Worth, TX (August 11, 2007)
     Law & Society Annual Meeting
          Humboldt University
          Berlin, Germany (July 25, 2007)
          (sponsored by SMU University Research
          Council grant)
     Junior International Law Scholars Roundtable
          Yale Law School
          New Haven, CT (March 9, 2007)
     Faculty Workshop
          U.C. Davis Law School
          Davis, CA (March 7, 2007)
     Faculty Workshop
          Vanderbilt University Law School
          Nashville, TN (September 7, 2006)

Plea and Confession Bargaining in Bulgaria
XIIth Annual Congress of the International Academy of Comparative Law
Utrecht, The Netherlands (July 22, 2006)

Transnational Networks and International Criminal Justice
Annual Meeting of the Law and Society Association
Baltimore, MD (July 9, 2006)

Rule of Law and Human Rights—Keys to Equitable Development
2006 SMU International Law Review Association Colloquium
Law, Culture, and Economic Development
Dallas, TX (March 7, 2006)

The Role of Transnational Networks in International Criminal Law
International Legal Theory Roundtable
Vanderbilt University Law School
Nashville, TX (September 16-17, 2005)

Can We Manage Plea Bargaining Better? Insights from Germany
Annual Meeting of the Law and Society Association
Las Vegas, NV (June 4, 2005)

True Complementarity:  Mixed Panels and Joint Prosecutions at the ICC
New Voices Forum
ASIL Annual Meeting
Washington, D.C. (April 1, 2005)

Separation of Powers Panel
Discussant
Supreme Court Summit
Oxford, U.K. (July 15-19, 2004)

Nationalizing International Criminal Law
18th International Conference of the International Society for the Reform of Criminal Law
Montreal, Canada (August 8-12, 2004)

Media

Interviewed by Emily Bazelon, She Was Convicted of Killing Her Mother: Prosecutors Withheld the Evidence That Would Have Freed Her, N.Y. Times, Aug. 1, 2017

Interviewed by Dylan Walsh, Why U.S. Criminal Courts Are So Dependent on Plea Bargaining, The Atlantic, May 2, 2017