Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 4 of 4
Full-Text Articles in Law
State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn
State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn
University of Miami Law Review
No abstract provided.
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Penn State International Law Review
There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …
Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan
Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan
Fordham Urban Law Journal
This article argues that a legislative reconsideration of the New York felony murder doctrine is timely and essential. The author traces the origins of New York's felony murder statute and recent efforts to limit its scope. The author argues that the felony murder doctrine contravenes the modern philosophy of adjudication based on subjective factors such as mens rea, eroding the link between criminal liability and moral culpability.
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck
Fordham Urban Law Journal
This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.