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Full-Text Articles in Law
Accomplice Liability: American Jurisprudence Injecting Mens Rea Under False Hopes Of Criminal Deterrence, Andrew J. Sickmann
Accomplice Liability: American Jurisprudence Injecting Mens Rea Under False Hopes Of Criminal Deterrence, Andrew J. Sickmann
Andrew J Sickmann
Relatively little scholarly attention has been given to the doctrine of accomplice liability. To the average person this is an obscure doctrine that most do not understand. This article examines early accomplice law before State statutes began to shift towards unjust simplicity. The article will also analyze accomplice liability in relation to intent and the ‘natural and probable consequences’ doctrine, as well as accomplice law and its application in four different states. Finally, this article offers insight into how accomplice liability should be treated pursuant to principles of fairness, judiciousness, and pertinence in today’s society.
Combating Cyber-Victimization, Jacqueline Lipton
Combating Cyber-Victimization, Jacqueline Lipton
Jacqueline D Lipton
In today’s interconnected society, high profile examples of online victimization abound. Cyber-bullies, stalkers and harassers launch attacks on the less powerful, causing a variety of harms. Recent scholarship has identified some of the more salient damage, including reputational harms, severe emotional distress, loss of employment, and physical assault. Extreme cases of online abuse have resulted in death through suicide or as a result of targeted attacks. This article makes two major contributions to the cyber-victimization literature. It proposes specific reforms to criminal and tort laws to address this conduct more effectively. Further, it situates those reforms within a new multi-modal …
From Enemy Combatant To American Citizen: Protecting Our Constitution, Not Our Enemy, Annie Macaleer
From Enemy Combatant To American Citizen: Protecting Our Constitution, Not Our Enemy, Annie Macaleer
Annie Macaleer
This Article advocates maintaining the use of Combatant Status Review Tribunals and military commissions in the framework that the executive and legislative branches have already established during the Bush administration, despite the Obama administration’s recent policy to try detainees in federal court. Furthermore, this Article argues against the use of Article III criminal courts as an arena to prosecute unlawful enemy combatants.
Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne
Breakdown In The Language Zone: The Prevalence Of Language Impairments Among Juvenile And Adult Offenders And Why It Matters, Michele M. Lavigne
Michele M LaVigne
For over eighty years, social scientists have known that poor language skills are closely associated with the constellation of emotional and behavioral disturbances routinely seen in juvenile and criminal court. These include conduct disorder, academic deficits, social incompetence, impulsivity, and even aggression. As we might expect, researchers have also found that language impairments are present at a high rate within juvenile and adult correctional institutions. So far however, the law has yet to acknowledge even the existence of this body of social science, let alone its significance for the administration of justice, rehabilitation, and public safety. This article is an …
“She Said I Did What!”: An Argument Against The Admissibility Of Eyewitness Expert Testimony, Russell J. Cortazzo
“She Said I Did What!”: An Argument Against The Admissibility Of Eyewitness Expert Testimony, Russell J. Cortazzo
Russell J. Cortazzo Jr.
Recent DNA exonerations of those wrongly convicted through inaccurate eyewitness identifications highlight the growing public understanding that eyewitness misidentification is not always perfect. In response, several states have enacted, with many others considering, eyewitness identification reform measures, such as allowing qualified psychological experts called “eyewitness experts” to freely testify on the factors affecting memory and the inaccuracy of eyewitness testimony. This article will first explain the effects of the eyewitness expert on the jury and the discrete factors the experts believe affect witness reliability. This article will then describe the problems in allowing the eyewitness expert to testify on witness …
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Adam Lamparello
No abstract provided.
Some Reflections On Conservative Politics And The Limits Of The Criminal Sanction, Richard Broughton
Some Reflections On Conservative Politics And The Limits Of The Criminal Sanction, Richard Broughton
Richard Broughton
This Article, written for the Charleston School of Law’s recent symposium on Crime & Punishment, briefly addresses the significance of popular forces and conservative political thought in an American criminal justice regime that has become too broad in its scope and sometimes unnecessarily harsh in its treatment of certain offenders. Although conservatives can plausibly embrace some judicially-enforceable limits on the criminal law, a conservative view of structural constitutional considerations would still constrain the judiciary’s authority to undermine popular decision-making as to criminal law and punishment. This Article cites the Supreme Court’s disparate approach to capital and non-capital proportionality issues under …