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Full-Text Articles in Law
Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Dalhousie Law Journal
In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.
Criminal Law, Suzanne H. Bauknight, Patrick K. Mccarthy, James L. Ward Jr., Lee A. Welch
Criminal Law, Suzanne H. Bauknight, Patrick K. Mccarthy, James L. Ward Jr., Lee A. Welch
South Carolina Law Review
No abstract provided.
The Racial Hoax As Crime: The Law As Affirmation, Katheryn K. Russell
The Racial Hoax As Crime: The Law As Affirmation, Katheryn K. Russell
Indiana Law Journal
No abstract provided.
A Confluence Of Authority And Critique, H Archibald Kaiser
A Confluence Of Authority And Critique, H Archibald Kaiser
Dalhousie Law Journal
Reading about murder in the news, seeing it portrayed on the longrunning British television series Inspector Morse, or pondering it as one digests Crime and Punishment are in many ways far preferable to studying, teaching or practising the law of homicide. After a few chapters, and particularly following my re-immersion into the cold substantive law of homicide which commences in chapter 3, one is certainly reminded that this is not a work to read as a pastime in "blissful circumstances". It is, nonetheless, a remarkably good book in terms of its breadth, authority and originality in approach and substance. It …
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
West Virginia Law Review
No abstract provided.
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
West Virginia Law Review
No abstract provided.
Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger
Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger
Fordham Law Review
No abstract provided.
Double Jeopardy—Civil Forfeitures And Criminal Punishment: Who Determines What Punishments Fit The Crime, Barbara A. Mack
Double Jeopardy—Civil Forfeitures And Criminal Punishment: Who Determines What Punishments Fit The Crime, Barbara A. Mack
Seattle University Law Review
This Article will attempt to distill from this confusion a meaningful double jeopardy policy, applicable to parallel civil and criminal proceedings, that takes into account the history of double jeopardy, recent changes in statutory law, and the contemporary chaotic state of parallel civil and criminal proceedings. Under current law, double jeopardy protects against three abuses: (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense. This Article will show that the multiple punishments prong has little basis in law, other than reliance …
Preface: Double Jeopardy In Washington And Beyond, Justice Philip A. Talmadge
Preface: Double Jeopardy In Washington And Beyond, Justice Philip A. Talmadge
Seattle University Law Review
The prohibition against double jeopardy is of ancient lineage in western civilization. In a ringing and scholarly dissent that rewards reflection, Justice Hugo Black said:
Fear and abhorrence of governmental power to try people twice for the same conduct is one of the oldest ideas found in western civilization. Its roots run deep into Greek and Roman times. Even in the Dark Ages, when so many other principles of justice were lost, the idea that one trial and one punishment were enough remained alive through the canon law and the teachings of the early Christian writers. By the thirteenth century …
The Double Jeopardy Implications Of In Rem Forfeiture Of Crime-Related Property: The Gradual Realization Of A Constitutional Violation, Andrew L. Subin
The Double Jeopardy Implications Of In Rem Forfeiture Of Crime-Related Property: The Gradual Realization Of A Constitutional Violation, Andrew L. Subin
Seattle University Law Review
Over the past decade, the government has escalated its "war on drugs." Although the "war" has not decreased drug use or limited the availability of drugs on the street, the government continues to sacrifice the constitutional rights of its citizens in an effort to escalate the hostility. Since the "zero tolerance" policy of the Reagan Administration, the government has relied heavily on the forfeiture of property related to drug crimes as a tool to deter and punish the illegal distribution of drugs. The federal forfeiture statute, 21 U.S.C. § 881, allows the government to seize any property used to facilitate …