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Articles 121 - 128 of 128

Full-Text Articles in Law

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins Dec 1985

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky Jan 1984

Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky

Akron Law Faculty Publications

A prosecutor is a detective, a litigator, a manager, and a policymaker. He is responsible for investigating illegalities' and is permitted to use specially assigned tools-a grand jury or subpoena-to acquire information and evidence. As a litigator, he is counsel for an artificial client-the government or people-but also the representa- tive of identifiable victims. Moreover, though he functions in an adversary system, he must temper his advocacy and zeal. His goal is not merely to "win," but also to see that "justice is done."

The prosecutor must manage an increasing set of responsibilities in a complex and often arbitrary system, …


Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky Jan 1984

Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky

Martin H. Belsky

A prosecutor is a detective, a litigator, a manager, and a policymaker. He is responsible for investigating illegalities' and is permitted to use specially assigned tools-a grand jury or subpoena-to acquire information and evidence. As a litigator, he is counsel for an artificial client-the government or people-but also the representa- tive of identifiable victims. Moreover, though he functions in an adversary system, he must temper his advocacy and zeal. His goal is not merely to "win," but also to see that "justice is done."

The prosecutor must manage an increasing set of responsibilities in a complex and often arbitrary system, …


Imputed Criminal Liability, Paul H. Robinson Jan 1984

Imputed Criminal Liability, Paul H. Robinson

All Faculty Scholarship

Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.


The Twilight Of Welfare Criminology, Stephen J. Morse Jan 1977

The Twilight Of Welfare Criminology, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse Jan 1976

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

All Faculty Scholarship

No abstract provided.