Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Moriarty
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Moriarty
Jane Campbell Moriarty
We may have moved in the West toward a standard in which “no means no” has the force of criminal law behind it. But are we ready for a standard in which only “yes means yes?” And if so, getting to yes may be a winding path to follow. The concept of consent, some of the symposium authors note, is a far more complicated inquiry than many appreciate. Consider the Eliot quotation above: is it consensual if his exploring hands encounter no defense? Is indifference sufficient to establish consent and if not, should his act be considered criminal rather than …
“Misconvictions,” Science And The Ministers Of Justice, Jane Campbell Moriarty
“Misconvictions,” Science And The Ministers Of Justice, Jane Campbell Moriarty
Jane Campbell Moriarty
DNA evidence has exonerated over two hundred wrongfully convicted defendants in the last several years, providing insights into the causes of such convictions. One such cause, faulty scientific evidence, is a focus of this article. For decades, many have written about the prevalence of and reasons for wrongful convictions --what I have termed “misconvictions.” A few reasons support the coinage “misconvictions”: the miscarriage of justice when an innocent person is convicted; the mistakes involved in the prosecution and trial of the case; the mistaken identification that may have occurred; and finally, the recognition that all wrongful convictions are a missed …