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Articles 1 - 13 of 13
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The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
Duke Law Journal
Ignorantia legis non excusat-ignorance of the law does not excuse-is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But, I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished along with the knowing, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow from the lips of any …
Shifting Away From Rehabilitation: State V. Ladd’S Equal Protection Challenge To Alaska’S Automatic Waiver Law, Kimberly S. May
Shifting Away From Rehabilitation: State V. Ladd’S Equal Protection Challenge To Alaska’S Automatic Waiver Law, Kimberly S. May
Alaska Law Review
No abstract provided.
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
Law and Contemporary Problems
Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Moratorium On The Death Penalty For Juveniles, Victor L. Streib
Law and Contemporary Problems
Streib offers a sketch of the sentences and actual executions in the juvenile death penalty system for the past quarter-century. The ABA's moratorium calls for the complete prevention of the execution of offenders under age 18 at the time of their crimes.
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
Law and Contemporary Problems
Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Law and Contemporary Problems
Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Law and Contemporary Problems
Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.
Comment, Ernest A. Finney Jr.
Sidestepping Scott: Modifying Criminal Discovery In Alaska, Cameron J. Williams
Sidestepping Scott: Modifying Criminal Discovery In Alaska, Cameron J. Williams
Alaska Law Review
No abstract provided.
Piercing The Veil Of Secrecy In Hiv/Aids And Other Sexually Transmitted Diseases: Theories Of Privacy And Disclosure In Partner Notification, Lawrence O. Gostin, James G. Hodge Jr.
Piercing The Veil Of Secrecy In Hiv/Aids And Other Sexually Transmitted Diseases: Theories Of Privacy And Disclosure In Partner Notification, Lawrence O. Gostin, James G. Hodge Jr.
Duke Journal of Gender Law & Policy
No abstract provided.
“For The United States”: Government Lawyers In Court, Patricia M. Wald
“For The United States”: Government Lawyers In Court, Patricia M. Wald
Law and Contemporary Problems
Wald provides a largely impressionistic view of governmental layering in court.