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Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill
Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill
University of Colorado Law Review
Most American criminal codes create an offense for recklessly killing another person, and nearly all contain a general provision covering any attempt to commit an offense. This article explores the relation between reckless homicide and attempt, which proves more complex than it appears and also turns out to provide a useful starting point for examination of several broader issues in attempt law and criminal law generally. The idea of "attempted reckless homicide" ("ARH") is largely disfavored by legal scholars and almost, but not quite, universally rejected in American law. Part I of the article questions that hostility. The theoretical arguments …
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts, 1938-2006, Seymour Moskowitz
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts, 1938-2006, Seymour Moskowitz
University of Colorado Law Review
In the modern era, the pretrial process is critical to the disposition of almost all litigation. The vast majority of cases never go to trial. Those which are contested at trial and upon appeal are often decided upon the results of the information gather before trial. This is true in both private litigation and in public interest cases where "private attorneys general" may only function effectively with courtenforced discovery. Despite the significance of the Article III courts to our society, transparency in their processes for resolving civil disputes has been severely compromised. Threats to openness emanate from multiple sources. This …