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Full-Text Articles in Law
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
Teaching Prison Law, Sharon Dolovich
Teaching Prison Law, Sharon Dolovich
Sharon Dolovich
To judge from the curriculum at most American law schools, the criminal justice process starts with the investigation of a crime and ends with a determination of guilt. But for many if not most defendants, the period from arrest to verdict (or plea) is only a preamble to an extended period under state control. It is during the administration of punishment that the state’s criminal justice power is at its zenith, and at this point that the laws constraining the exercise of that power become most crucial. Yet it is precisely at this point that the curriculum in most law …
Fifty State Survey Of Criminal Laws Prohibiting Sexual Abuse Of Individuals In Custody, Brenda V. Smith
Fifty State Survey Of Criminal Laws Prohibiting Sexual Abuse Of Individuals In Custody, Brenda V. Smith
The Project on Addressing Prison Rape - Surveys
This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.
A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse
A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ‘disease’ or ‘moral weakness’. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ‘translated’ into the law’s folk …