Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Law
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Faculty Publications
No abstract provided.
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Faculty Publications
No abstract provided.
Accomplice Liability For Unintentional Crimes: Remaining Within The Constraints Of Intent, Audrey Rogers
Accomplice Liability For Unintentional Crimes: Remaining Within The Constraints Of Intent, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article addresses the issue of the proper extent of a secondary actor's culpability for unintentional crimes committed by another. Part I reviews accomplice liability and its mens rea requirements generally. Part II discusses the history of the application of complicity theory to unintentional crimes. Part III examines whether accomplice liability for unintentional crimes is proper, and concludes that in keeping with complicity's doctrinal requirements, liability is appropriate only when the secondary actor has the intent to aid in the commission of the culpable act that results in unplanned harm. It evaluates whether the various categories of accomplice statutes sufficiently …
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This article discusses the use of expert testimony in prosecuting those charged with domestic abuse. Part I provides a background on the need and nature of expert testimony in domestic violence cases and the requirements for the admission of such expert testimony. It traces the development of the role of expert testimony in domestic violence cases from its initial exclusive use as a defense tool to support self-defense claims to its present use by prosecutors to explain a complainant's recantation or other puzzling behavior. Part II discusses the appellate cases that have addressed the admissibility and scope of expert testimony …
Task Force Statement Of The Twentieth Century Fund's Task Force On Apprehending Indicted War Criminals: Meeting The Obligations Of Justice, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman
Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not foreclose application of a …
Private Bar Monitors Public Defense: Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Private Bar Monitors Public Defense: Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.