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Full-Text Articles in Law
Capital Punishment's Future, Welsh S. White
Capital Punishment's Future, Welsh S. White
Michigan Law Review
A Review of Capital Punishment in America by Raymond Paternoster
Sentencing Intimate Femicide: A Comment On R. V. Doyle, Teresa Scassa
Sentencing Intimate Femicide: A Comment On R. V. Doyle, Teresa Scassa
Dalhousie Law Journal
In August of 1989, Donald Michael Doyle murdered his wife of fifteen years by firing three shots into her chest while she slept. He was charged with first degree murder, and pleaded guilty to second degree murder. He was sentenced to life imprisonment without eligibility for parole until after the statutory minimum of ten years. The Crown appealed the sentencing decision of the trial judge, and argued for a greater period of parole ineligibility. The Nova Scotia Court of Appeal allowed the appeal and raised the period of imprisonment without parole to seventeen years. The differences between the sentencing decisions …
Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran
Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran
Fordham Urban Law Journal
Rape, by definition and in sentencing, is a crime that is predicated on a male-defined concept of violence. The lack of knowledge about rape trauma produces erroneous assessments or rape and erroneous sentences for rapists. The inability to recognize the damage cause by a "nonviolent" rape trivializes the seriousness of the crime and devalues the individual victim. Judges and attorneys must expand their definitions of violence to include injury to the victim's psyche.
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Fordham Urban Law Journal
The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
No abstract provided.