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Articles 31 - 60 of 234

Full-Text Articles in Law

The Missouri Felony Murder Rule’S Merger Limitation: A Doctrine In Limbo, Jared Guemmer Nov 2015

The Missouri Felony Murder Rule’S Merger Limitation: A Doctrine In Limbo, Jared Guemmer

Missouri Law Review

Unfortunately, recent case law in Missouri obliterated the merger doctrine. This Note aims to expose the faulty reasoning applied by Missouri courts in abrogating the merger doctrine. In Part II, this Note will summarize the history of the merger doctrine, both generally and in Missouri. Then, Part III highlights the recent developments in Missouri law regarding felony murder and the merger doctrine. In Part IV, this Note discusses the purpose of the merger doctrine, the rules of interpretation regarding Missouri’s felony murder provision, and why Missouri courts incorrectly decided the merger doctrine no longer functions as a valid legal theory …


Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota Oct 2015

Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota

Michigan Law Review First Impressions

Who (if anyone) is criminally responsible for the death of Freddie Gray, the 25-year-old African-American man who died from injuries suffered while in the custody of Baltimore police? This question has been at the forefront of the extensive coverage of Gray’s death, which has inspired a national discussion about law enforcement’s relationship with black communities. But it is also a question that may never be fairly resolved for reasons wholly unrelated to the topic of community policing, with which Gray’s death has become synonymous. What may ultimately hamper the administration of justice in the prosecution of the police officers involved …


Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein Oct 2015

Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein

South Carolina Law Review

No abstract provided.


Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer Oct 2015

Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer

Law Faculty Scholarly Articles

Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or ‘supplemental’) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants’ likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from …


From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla Jul 2015

From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla

Rod Smolla

Not available.


Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary Berkheiser Jun 2015

Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary Berkheiser

Akron Law Review

With its narrow ruling, Miller has taken the Eighth Amendment kids are different jurisprudence on a deleterious detour that could lead Miller and Jackson and others like them to a certain dead end. Where Miller went wrong is the subject of this paper. It begins with Graham and the significance of the Court’s ruling that the Eighth Amendment categorically precludes imposition of a sentence of life without parole on a juvenile nonhomicide offender. Next, this paper turns to the Supreme Court’s decision in Miller, parsing the Court’s reliance on precedent and the reasoning that led it to adopt a ruling …


State V. Lawrence, James Seckinger, Frank Rothschild, Deanne Siemer, Frank Rothschild Jun 2015

State V. Lawrence, James Seckinger, Frank Rothschild, Deanne Siemer, Frank Rothschild

James H. Seckinger

No abstract provided.


Criminal Case File, State V. O'Neill, James Seckinger Jun 2015

Criminal Case File, State V. O'Neill, James Seckinger

James H. Seckinger

No abstract provided.


Intimate Violence: A Study Of Intersexual Homicide In Chicago, Franklin E. Zimring, Satyanshu K. Mukherjee, Barrik Van Winkle May 2015

Intimate Violence: A Study Of Intersexual Homicide In Chicago, Franklin E. Zimring, Satyanshu K. Mukherjee, Barrik Van Winkle

Franklin E. Zimring

No abstract provided.


Kids, Guns, And Homicide: Policy Notes On An Age-Specific Epidemic, Franklin E. Zimring May 2015

Kids, Guns, And Homicide: Policy Notes On An Age-Specific Epidemic, Franklin E. Zimring

Franklin E. Zimring

Part of a special section on youth violence and gun possession. The writer examines three dimensions of the juvenile firearms use epidemic of the period since 1985. He explores the factual foundation for concerns regarding increasing youth gun use, comparing recent trends with previous patterns and discussing some of the ways that present conditions are without precedent for students of firearms violence and of youth crime. In addition, he considers some of the data that are necessary for making intelligent choices when designing countermeasures to minors' misuse of guns and offers best guesses, given that most of the required data …


Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, A, Franklin E. Zimring, Gordon Hawkins May 2015

Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, A, Franklin E. Zimring, Gordon Hawkins

Franklin E. Zimring

No abstract provided.


Youth Homicide In New York: A Preliminary Analysis, Franklin E. Zimring May 2015

Youth Homicide In New York: A Preliminary Analysis, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.


A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins May 2015

A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins

Franklin E. Zimring

No abstract provided.


Taking And Saving Lives, Eric Rakowski Mar 2015

Taking And Saving Lives, Eric Rakowski

Eric Rakowski

No abstract provided.


Drag Racing, Assumption Of Risk, And Homicide, Roni M. Rosenberg Jan 2015

Drag Racing, Assumption Of Risk, And Homicide, Roni M. Rosenberg

Roni M Rosenberg

U.S. courts are divided with regard to the question of whether it is appropriate to convict a participant in a drag race of homicide for the death of another participant. The context is not one in which decedent is killed as a result of colliding with the defendant; rather the death is cause by a collision with a third party or a guard rail. The controversy revolves around on central question: whether there is a causal connection between defendant's participation in the race and the death of decedent. Courts that convict of manslaughter hold that such a causal connection exists, …


Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner Jan 2015

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …


A Provocative Defense, Aya Gruber Jan 2015

A Provocative Defense, Aya Gruber

Publications

It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …


Supreme Court, Kings County, People V. Miller, Courtney Weinberger Nov 2014

Supreme Court, Kings County, People V. Miller, Courtney Weinberger

Touro Law Review

No abstract provided.


Consuming Obsessions: Housing, Homicide, And Mass Incarceration Since 1950, Jonathan Simon Oct 2014

Consuming Obsessions: Housing, Homicide, And Mass Incarceration Since 1950, Jonathan Simon

Jonathan S Simon

No abstract provided.


"Cain Rose Up Against His Brother Abel And Killed Him": Murder Or Manslaughter?, Irene Merker Rosenberg, Yale L. Rosenberg Oct 2014

"Cain Rose Up Against His Brother Abel And Killed Him": Murder Or Manslaughter?, Irene Merker Rosenberg, Yale L. Rosenberg

Georgia Journal of International & Comparative Law

No abstract provided.


Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay Aug 2014

Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay

Kelly Strader

In a highly publicized “gay panic” case, Brandon McInerney shot and killed Larry King in their middle school classroom. King was a self-identified gay student who sometimes wore jewelry and makeup to school and, according to those who knew him, was possibly transgender. Tried as an adult for first-degree murder, McInerney asserted a heat of passion defense based upon King’s alleged sexual advances. The jury deadlocked, with a majority accepting McInerney’s defense. Drawing largely upon qualitative empirical research, this article uses the Larry King murder case as a prism though which to view the doctrinal, theoretical, and policy bases of …


Protecting Our Children: A Reformation Of South Carolina's Homicide By Child Abuse Laws, Brigid Benincasa Jul 2014

Protecting Our Children: A Reformation Of South Carolina's Homicide By Child Abuse Laws, Brigid Benincasa

South Carolina Law Review

No abstract provided.


Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson Apr 2014

Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson

All Faculty Scholarship

The essay surveys the law in the fifty-two American jurisdictions with regard to the three doctrines that commonly provide a mitigation or defense to murder liability: common law provocation and its modern counterpart, extreme mental or emotional disturbance; the so-called diminished capacity defense and its modern counterpart, mental illness negating an offense element; and the insanity defense. The essay then examines the patterns among the jurisdictions in the particular formulation they adopt for the three doctrines, and the combinations in which those formulations commonly appear in different jurisdictions. After this review, the essay steps back to see what kinds of …


A Provocative Defense, Aya Gruber Feb 2014

A Provocative Defense, Aya Gruber

Aya Gruber

It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This article offers a (likely provocative) defense of the provocation doctrine. While …


Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum Jan 2014

Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum

Faculty of Law, Humanities and the Arts - Papers (Archive)

How corporations can be best prevented from causing deaths of others has been a critical concern of judges, legislators, prosecutors and academics alike around the world since the 19th century. Concerns for workplace safety have mounted globally in recent decades, propelling the demand for industrial manslaughter prosecution as a more effective use of criminal suits. Like the regulation of human conduct, criminal Jaw is considered to be an instrument for changing corporate behaviour in a way that fosters future conformity with the expectations of society.


Murder, Minority Victims, And Mercy, Aya Gruber Jan 2014

Murder, Minority Victims, And Mercy, Aya Gruber

Publications

Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the harshest …


The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt Jan 2014

The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt

Faculty Scholarship

This article analyzes trends in prison rates and mental hospital rates in France since the earliest available statistics. It shows that, on almost two centuries of data and amidst an agitated political history, every asylum trend in France is "countered" by an inverse prison trend, and vice-versa. Both trends are like a mirror image of each other. We reflect on the possible explanations for this intriguing fact and show that the most obvious ones (a population transfer or a building transfer) are not able to account for most of the relationship. After these explanations have been dismissed, we are left …


The Battered Wife Syndrome: A Potential Defense To A Homicide Charge, Thomas G. Kieviet Feb 2013

The Battered Wife Syndrome: A Potential Defense To A Homicide Charge, Thomas G. Kieviet

Pepperdine Law Review

No abstract provided.


Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson Feb 2013

Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson

Pepperdine Law Review

In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to …


Husband-Wife Homicide: An Essay From A Family Law Perspective, Margaret Howard Jan 2013

Husband-Wife Homicide: An Essay From A Family Law Perspective, Margaret Howard

Margaret Howard

No abstract provided.