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Articles 1 - 30 of 161
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Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill
Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill
Kentucky Law Journal
The foundational elements of criminal law, actus reus and mens rea, are vague, imprecise, and indeterminate categories that are based on outdated notions about human behavior. These confused categories affect not only what legally constitutes choice, volition, and intent, but also the defendant's ability to present evidence (since the categories define the evidence that will be admissible), and ultimately, criminal liability. In this Article we explain how neuroscience allows us to reconsider these legal concepts and conceive a more informed view of human behavior (and therefore criminal liabilty). The Article explains how distortions in brain function affect the way …
Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek
Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek
Kentucky Law Journal
The "equal punishment for the same crime" principle is generally agreed upon--yet its implementation differs radically depending on whether the punishment is measured purely in nominal terms or whether the subjective perspective of the punishee is accounted for. This is simply because different people may experience the same punishment with differing intensity.
Legal scholars have recently proposed that improvements in scientific knowledge and advancements in technologies (such as Functional magnetic resonance imaging), which allow us to measure subjective perceptions and feelings, need to be and should be incorporated in our penal systems. This would facilitate calibrating the punishment not only …
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
Kentucky Law Journal
No abstract provided.
Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid
Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid
Kentucky Law Journal
No abstract provided.
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer
Kentucky Law Journal
No abstract provided.
Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case
Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case
Kentucky Law Journal
No abstract provided.
Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman
Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman
Kentucky Law Journal
No abstract provided.
Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson
Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson
Kentucky Law Journal
No abstract provided.
Transforming Domestic Violence Representation, Jane K. Stoever
Transforming Domestic Violence Representation, Jane K. Stoever
Kentucky Law Journal
The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …
Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver
Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver
Kentucky Law Journal
No abstract provided.
The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright
The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright
Kentucky Law Journal
No abstract provided.
White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan
White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan
Kentucky Law Journal
No abstract provided.
"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey
"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey
Kentucky Law Journal
No abstract provided.
Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing
Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing
Kentucky Law Journal
No abstract provided.
Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook
Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook
Kentucky Law Journal
No abstract provided.
Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant
Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant
Kentucky Law Journal
No abstract provided.
The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear
Kentucky Law Journal
No abstract provided.
Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb
Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb
Kentucky Law Journal
No abstract provided.
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller
The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller
Kentucky Law Journal
No abstract provided.
Fencing In The Frontier: A Look Into The Limits Of Mail Fraud, Kristen Kate Orr
Fencing In The Frontier: A Look Into The Limits Of Mail Fraud, Kristen Kate Orr
Kentucky Law Journal
No abstract provided.
Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson
Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark
Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark
Kentucky Law Journal
No abstract provided.
The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland
The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland
Kentucky Law Journal
No abstract provided.
Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore
Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore
Kentucky Law Journal
No abstract provided.
Crimes And Defenses Of Rodion Raskolnikov, Vera Bergelson
Crimes And Defenses Of Rodion Raskolnikov, Vera Bergelson
Kentucky Law Journal
No abstract provided.
The Hobbs Act: Maintaining The Distinction Between A Bribe And A Gift, Medrith Lee Hager
The Hobbs Act: Maintaining The Distinction Between A Bribe And A Gift, Medrith Lee Hager
Kentucky Law Journal
No abstract provided.
Would I Lie To You? The Sixth Circuit Joins The "Exculpatory No" Controversy In United States V. Steele, Sandra L. Turner
Would I Lie To You? The Sixth Circuit Joins The "Exculpatory No" Controversy In United States V. Steele, Sandra L. Turner
Kentucky Law Journal
No abstract provided.
Self-Defense In Kentucky--A Need For Clarification Or Revision, William S. Cooper, Robert G. Lawson
Self-Defense In Kentucky--A Need For Clarification Or Revision, William S. Cooper, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Criminal Law, Linda K. West
Kentucky Law Survey: Criminal Law, Linda K. West
Kentucky Law Journal
No abstract provided.