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Full-Text Articles in Law

What Is Criminal Restitution?, Cortney E. Lollar Nov 2014

What Is Criminal Restitution?, Cortney E. Lollar

Law Faculty Scholarly Articles

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …


Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer Jan 2014

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer

Kentucky Law Journal

No abstract provided.


Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert Jan 2014

Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Kentucky Criminal Law Experts Call For Reform, Cortney E. Lollar Jan 2014

Kentucky Criminal Law Experts Call For Reform, Cortney E. Lollar

Law Faculty Popular Media

In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Cortney Lollar discusses the Second Annual Forum on Criminal Law in the Commonwealth of Kentucky.


Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding Jan 2014

Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding

Law Faculty Scholarly Articles

This article provides a historical survey of capital punishment in the Commonwealth of Kentucky, paying particular attention to gender and race. The author concludes that given the lack of recent executions that it is perhaps time to make legislative changes to the Commonwealth’s death penalty practice.


Getting Jurors To Awesome, Cortney E. Lollar Jan 2014

Getting Jurors To Awesome, Cortney E. Lollar

Law Faculty Scholarly Articles

A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have had their sentences overturned on appeal. Kentucky’s reversal rate is more than twice the national average, with a 31% reversal rate in capital cases and almost four times the 17% national reversal rate in all other case types. With a sentence as irreversible as death, troubling does not begin to describe the depth of concern many experience when viewing such a startling statistic.

A closer …


Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson Jan 2014

Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson

Kentucky Law Journal

No abstract provided.


Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman Jan 2014

Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman

Kentucky Law Journal

No abstract provided.


Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case Jan 2014

Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case

Kentucky Law Journal

No abstract provided.