Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 16 of 16
Full-Text Articles in Entire DC Network
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
West Virginia Law Review
Unprecedented criminal prosecutions for medical errors have increased throughout the nation: A Tennessee nurse was charged with reckless homicide for an isolated medication error; two South Carolina nurses were charged with criminal neglect for failing to change a wound dressing for just two days; and an Ohio pharmacist was charged with involuntary manslaughter for failing to detect that a solution contained too much sodium. Introducing criminal charges for cases of typical medical malpractice, which are most often the result of system failures, will dismantle hospitals’ error-reporting systems and lead to long-term catastrophic results for patient safety. This Note applies system …
Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy
Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy
West Virginia Law Review
The abduction enhancement applied to the crime of robbery is inherently ambiguous; the enhancement reads, “‘abducted’ means that a victim was forced to accompany an offender to a different location.” The lack of a clear definition for “location” has caused a split within the federal circuits, with some circuits interpreting “location” as position and others interpreting “location” as place. This has caused disproportionate sentences for similar criminal conduct within separate circuits, creating the need for a more uniform interpretation of the sentencing enhancement for abduction.
This Note builds upon the work of David J. Sandefer and proposes two additional factors …
Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna
Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna
West Virginia Law Review
Although the majority of criminal cases in the United States are settled with plea bargains, very little empirical evidence exists to explain how defendants make life-altering plea bargain decisions. This Article first discusses the psychologicalfactors involved in plea bargaining decisions. Next, this Article empirically examines the factors involved in plea decisions of real-life defendants within the legal and psychological contexts. Finally, this Article highlights the psychological issues that need to be further examined in pleabargaining literature.
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
West Virginia Law Review
No abstract provided.
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
West Virginia Law Review
No abstract provided.
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
West Virginia Law Review
No abstract provided.
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
West Virginia Law Review
No abstract provided.
The Utility Of Recklessness, Willard D. Lorensen
The Utility Of Recklessness, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Criminal Justice And The Rule-Making Power, J. Edward Lumbard
Criminal Justice And The Rule-Making Power, J. Edward Lumbard
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Robert Bruce King
Abstracts Of Recent Cases, Robert Bruce King
West Virginia Law Review
No abstract provided.
Criminal Law--Confessions Before Arraignment, Dennis Raymond Lewis
Criminal Law--Confessions Before Arraignment, Dennis Raymond Lewis
West Virginia Law Review
No abstract provided.