Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu
Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu
Seton Hall Circuit Review
No abstract provided.
The Current State Of The Insanity Defense In Virginia, Jacob Gordon
The Current State Of The Insanity Defense In Virginia, Jacob Gordon
The Kabod
Based upon British common law and legal precedents, the American legal system allows individuals with severe mental instability to plead not guilty by reason of insanity when charged with a criminal offense. In order to prove this claim, defendants are required to show that their mental capacity at the time of the crime was not sufficient enough in order to establish culpability and responsibility for their actions. Proving insanity is a difficult task, requiring that defendants confess to the crime, convince a jury of their insanity, and pass two independent psychological evaluations before they can be released. Because of these …
To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter
To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter
Akron Law Review
This article examines how sentencing enhancement schemes play into undercover operations and manipulation ploys. This article reviews entrapment doctrines, starting with the common law principles of unclean hands and estoppel, to settled principles of objective and subjective entrapment. Through principles of conspiracy, the undercover operation ensnares perpetrators who intend factually impossible crimes, as long as an overt step is taken. Sentencing enhancement crimes, induced by government agents, must be proven before a jury beyond a reasonable doubt. A reciprocal corollary is that the accused must be able to defend enhancement accusations through defenses such as sentencing manipulation and sentencing entrapment. …
Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jd, Phd
Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jd, Phd
Akron Law Review
n my recent research, I have been exploring the legal impact of advances in the neuroscience of gender, such as whether and how stakeholders are using recent studies finding structural and functional differences between male and female brains in an attempt to influence the law. I also have been examining whether and how stakeholders are using the neuroscience of both gender-specific and gender-prevalent health conditions to influence the interpretation of civil and regulatory health law. Today, I am going to explore how stakeholders are using advances in the neuroscience of three gender-specific and genderprevalent conditions (the postpartum mood disorders, premenstrual …
The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg
The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg
Indiana Journal of Law and Social Equality
This Note focuses on the negative effects of the “once an adult, always an adult” doctrine, one mechanism through which juveniles convicted of a crime can be transferred to adult court. The doctrine, enacted in a majority of states, provides that children who have been previously transferred to adult court by a judge or prosecutor, or because of statutory exclusion of certain crimes from juvenile jurisdiction, will be transferred for all subsequent crimes, regardless of severity.
When juveniles convicted of crimes are transferred to the adult court system, they are subject to a wide array of harsh punishments unavailable in …
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Loyola of Los Angeles Law Review
Autonomous weapons are increasingly used by militaries around the world. Unlike conventional unmanned weapons such as drones, autonomous weapons involve a machine deciding whether to deploy lethal force. Yet, because a machine cannot have the requisite mental state to commit a war crime, the legal scrutiny falls onto the decision to deploy an autonomous weapon. This Article focuses on the dual questions arising from that decision: how to regulate autonomous weapon use and who should be held criminally liable for an autonomous weapon’s actions. Regarding the first issue, this Article concludes that regulations expressly limiting autonomous weapon use to non-human …
The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser
The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser
Georgia Journal of International & Comparative Law
No abstract provided.
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
University of Richmond Law Review
No abstract provided.
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
Brooklyn Journal of International Law
More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.
This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …