Law Commons^™

Reexamining The Law Of Rape, Janet E. Findlater

Michigan Law Review

A Review Real Rape by Susan Estrich

Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello

University of Michigan Journal of Law Reform

This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. …

Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling

Law Faculty Scholarly Articles

Crime victims are currently being given the right to participate in criminal prosecutions at both the sentencing and plea bargaining stages. These are important steps in a criminal prosecution, but both the sentence and the plea bargain are dependent on the initial charging decision which determines what crime is to be prosecuted or whether there is to be any prosecution at all. As a prerequisite to both a plea bargain or a sentence, the charging decision is the crux of the prosecution.

Given the importance of the charging decision, and the fact that some jurisdictions have granted victims a right …