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Articles 1 - 30 of 36
Full-Text Articles in Law
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
West Virginia Law Review
Unprecedented criminal prosecutions for medical errors have increased throughout the nation: A Tennessee nurse was charged with reckless homicide for an isolated medication error; two South Carolina nurses were charged with criminal neglect for failing to change a wound dressing for just two days; and an Ohio pharmacist was charged with involuntary manslaughter for failing to detect that a solution contained too much sodium. Introducing criminal charges for cases of typical medical malpractice, which are most often the result of system failures, will dismantle hospitals’ error-reporting systems and lead to long-term catastrophic results for patient safety. This Note applies system …
Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy
Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy
West Virginia Law Review
The abduction enhancement applied to the crime of robbery is inherently ambiguous; the enhancement reads, “‘abducted’ means that a victim was forced to accompany an offender to a different location.” The lack of a clear definition for “location” has caused a split within the federal circuits, with some circuits interpreting “location” as position and others interpreting “location” as place. This has caused disproportionate sentences for similar criminal conduct within separate circuits, creating the need for a more uniform interpretation of the sentencing enhancement for abduction.
This Note builds upon the work of David J. Sandefer and proposes two additional factors …
A First Step Back In Time?, Blake Jacobs
A First Step Back In Time?, Blake Jacobs
West Virginia Law Review
This Note discusses the implications of the United States Supreme Court’s holding in Concepcion v. United States, which left open whether district courts must reanalyze the 18 U.S.C.A. § 3553(a) factors when ruling on a motion to reduce a defendant’s sentence under the First Step Act. The decision settled a dispute between the First, Fifth, Ninth, and Eleventh Circuits, which did not require sentencing courts to consider intervening factual or legal developments; and the Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and D.C. Circuits which did. However, the Supreme Court’s decision only obligates a district court to consider intervening …
Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna
Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna
West Virginia Law Review
Although the majority of criminal cases in the United States are settled with plea bargains, very little empirical evidence exists to explain how defendants make life-altering plea bargain decisions. This Article first discusses the psychologicalfactors involved in plea bargaining decisions. Next, this Article empirically examines the factors involved in plea decisions of real-life defendants within the legal and psychological contexts. Finally, this Article highlights the psychological issues that need to be further examined in pleabargaining literature.
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
West Virginia Law Review
No abstract provided.
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
West Virginia Law Review
No abstract provided.
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
West Virginia Law Review
No abstract provided.
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.
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
West Virginia Law Review
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
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.
The Utility Of Recklessness, Willard D. Lorensen
The Utility Of Recklessness, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell
Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell
West Virginia Law Review
No abstract provided.
A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown
A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown
West Virginia Law Review
No abstract provided.
Criminal Law--Juvenile Delinquency--Contributing Survives Constitutional Attack: Confusion Or Certainty, Michael Frank Pezzulli
Criminal Law--Juvenile Delinquency--Contributing Survives Constitutional Attack: Confusion Or Certainty, Michael Frank Pezzulli
West Virginia Law Review
No abstract provided.
Criminal Law--Accessory Before The Fact To Misdemeanor--A Legal Impossibility, Charles C. Wehner
Criminal Law--Accessory Before The Fact To Misdemeanor--A Legal Impossibility, Charles C. Wehner
West Virginia Law Review
No abstract provided.
Criminal Law--Jurisdiction To Revoke Parole
Criminal Law--Jurisdiction To Revoke Parole
West Virginia Law Review
No abstract provided.
Criminal Law--West Virginia Riot Law, William F. Hogsett
Criminal Law--West Virginia Riot Law, William F. Hogsett
West Virginia Law Review
No abstract provided.
Criminal Justice And The Rule-Making Power, J. Edward Lumbard
Criminal Justice And The Rule-Making Power, J. Edward Lumbard
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Robert Bruce King
Abstracts Of Recent Cases, Robert Bruce King
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, John Welton Fisher Ii
Abstracts Of Recent Cases, John Welton Fisher Ii
West Virginia Law Review
No abstract provided.
Criminal Law--Confessions Before Arraignment, Dennis Raymond Lewis
Criminal Law--Confessions Before Arraignment, Dennis Raymond Lewis
West Virginia Law Review
No abstract provided.
Criminal Law--Entrapment, Robert William Burk Jr.
Criminal Law--Entrapment, Robert William Burk Jr.
West Virginia Law Review
No abstract provided.
Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh
Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh
West Virginia Law Review
No abstract provided.
Criminal Law--Shoplifting--Lack Of Requirement Of Intent Does Not Invalidate Statute, David Mayer Katz
Criminal Law--Shoplifting--Lack Of Requirement Of Intent Does Not Invalidate Statute, David Mayer Katz
West Virginia Law Review
No abstract provided.
Criminal Law--Defense Of Others, Charles Henry Rudolph Jr.
Criminal Law--Defense Of Others, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.