Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
St. Mary's Law Journal
Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …
Would You Like More Salt With That Wound - Post-Sentence Victim Allocution In Texas Comment., Keith D. Nicholson
Would You Like More Salt With That Wound - Post-Sentence Victim Allocution In Texas Comment., Keith D. Nicholson
St. Mary's Law Journal
A majority of states permit victim allocution of some sort, with victim impact statements made during the pre-sentencing stage, but Texas is currently the only state which permits victim allocution after sentencing. Since 1991, no one has seriously challenged the Texas practice of allowing such victim statements. Yet, scenes of violence between families of the defendants and the victims following such statements has ignited a movement to reassess the utility of allowing victims to address defendants who have already received their sentences. Originally, Texas Code of Criminal Procedure Article 42.03 provided victims the chance to present a statement after the …