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Articles 1 - 13 of 13
Full-Text Articles in Law
The Overdose/Homicide Epidemic, Valena E. Beety
The Overdose/Homicide Epidemic, Valena E. Beety
Georgia State University Law Review
This Article explores the lack of regulation of coroners, concerns within the forensic science community on the reliability of coroner determinations, and ultimately, how elected laypeople serving as coroners may influence the rise in drug-induced homicide prosecutions in the midst of the opioid epidemic.
This Article proposes that the manner of death determination contributes to overdoses being differently prosecuted; that coroners in rural counties are more likely to determine the manner of death for an illicit substance overdose is homicide; and that coroners are provided with insufficient training on interacting with the criminal justice system, particularly on overdose deaths. Death …
Capital Punishment Of Unintentional Felony Murder, Guyora Binder, Brenner Fissell, Robert Weisberg
Capital Punishment Of Unintentional Felony Murder, Guyora Binder, Brenner Fissell, Robert Weisberg
Journal Articles
Under the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who causes a death inadvertently in the course of a felony is eligible for capital punishment. This unfortunate interpretation rests on an unduly mechanical reading of the Supreme Court’s decisions in Enmund v. Florida and Tison v. Arizona, which require culpability for capital punishment of co-felons who do not kill. The lower courts have drawn the unwarranted inference that these cases permit execution of those who cause death without any culpability towards death. This Article shows that this mechanical reading of precedent is mistaken, because the …
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
Franklin E. Zimring
No abstract provided.
The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing
The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing
Pepperdine Law Review
No abstract provided.
County Court Of New York, Westchester County: People V. Days, Kashima A. Loney
County Court Of New York, Westchester County: People V. Days, Kashima A. Loney
Touro Law Review
No abstract provided.
Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas
Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas
Articles
In Graham v. Florida, the United State Supreme Court held that life without parole could not be imposed on a juvenile offender for a non-homicide crime. This article discusses the challenges, under the Eighth Amendment and the Michigan Constitution, to the sentence of life without parole imposed on someone 17 years old or less.
Ineffective Assistance Of Counsel: People V. Claudio
Ineffective Assistance Of Counsel: People V. Claudio
Touro Law Review
No abstract provided.
Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant
Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant
Articles, Book Chapters, & Popular Press
This article explores the principle of "constructive" murder and how it interacts with the sentencing and the parties sections of the Criminal Code. The authors re-examine these issues in light of the Charter. They conclude that constructive murder has no place in a post-Charter Canada.
Criminal Law, Richard A. Williamson
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
Maryland Law Review
No abstract provided.
Jackson V. Virginia, Lewis F. Powell Jr.
Jackson V. Virginia, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Book Reviews, Edward R. Hayes, Bennett B. Patterson, Elston Roady
Book Reviews, Edward R. Hayes, Bennett B. Patterson, Elston Roady
Vanderbilt Law Review
Anatomy of a Murder
By Robert Traver
This novel of a killing and its consequences has great dramatic qualities and is outstanding in its description of the lawyer's role in defending one accused of crime. The author, who has written several other books under the name of Robert Traver, qualifies as a legal expert through many years of practice in the Upper Peninsula; he has also recently become a Justice on the Supreme Court of Michigan.
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Groups and the Constitution
By Robert A. Horn
The first chapter in the book, which deals with the growth of the freedom of …