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Full-Text Articles in Law
Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian
Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian
Faculty Publications and Presentations
PREDATORS AND PROPENSITY: THE PROPER APPROACH FOR DETERMINING THE ADMISSIBILITY OF PRIOR BAD ACTS EVIDENCE IN CHILD SEXUAL ABUSE PROSECUTIONS
Basyle J. Tchividjian†
Abstract
The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test …
Nuremberg And The Crime Of Abortion, Jeffrey C. Tuomala
Nuremberg And The Crime Of Abortion, Jeffrey C. Tuomala
Faculty Publications and Presentations
The crime of abortion played prominently in two international trials held at Nuremberg following World War II—the Goering and Greifelt cases. Allied prosecutors made the case that voluntary and involuntary abortion were war crimes and crimes against humanity. The Goering Judgment identified policies promoting abortion as activities marking the Political Leadership Corps of the Nazi Party as a Criminal Organization. The Greifelt Indictment charged ten defendants with voluntary and involuntary abortion. A focus of the prosecution’s case was the removal of the protection of law from unborn children in occupied Poland and racially non-valuable unborn children of Eastern workers in …
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth
Faculty Publications and Presentations
In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …
Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert
Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert
Faculty Publications and Presentations
This article delves into the interaction between federal and state laws prohibiting human trafficking. The article advocates for comprehensive human trafficking laws at the state level, including police training, victim aftercare, forfeiture, and prosecution as essential elements. It looks comprehensively at the existing state laws prohibiting human trafficking. Additionally it examines the five existing models for state law and suggests benefits and potential improvements for each model. The article concludes y advocating a holistic law prohibiting human trafficking in the Commonwealth of Virginia.
“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert
“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert
Faculty Publications and Presentations
The author argues that current "three-strikes" legislation does not have justice as its end-goal, because it is based in utilitarian philosophy.
The U.S. And The International Criminal Court (Icc), Paul R. Rickert
The U.S. And The International Criminal Court (Icc), Paul R. Rickert
Faculty Publications and Presentations
This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.