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Articles 1 - 11 of 11
Full-Text Articles in Criminal Law
I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan
I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan
Indiana Law Journal
This Note evaluates the transformation of Indiana’s expungement law. Part I addresses the socioeconomic impacts of a criminal record. Part II presents normative arguments both for and against expungement, concluding that the balance tips in favor of forgiveness. Parts III–IV discuss Indiana’s original expungement provisions, the 2013 statute, and the 2014 amendments. Part V explores the reaction to the new law. Finally, Part VI offers recommendations to improve the statute so that its second-chance promise is equitable, accessible, and robust.
Rethinking Hiv-Exposure Crimes, Margo Kaplan
Rethinking Hiv-Exposure Crimes, Margo Kaplan
Indiana Law Journal
This Article challenges the current legislative and scholarly approaches to HIV-exposure crimes and proposes an alternative framework to address their flaws. Twenty-four states criminalize consensual sexual activities of people with HIV. Current statutes and the scholarship that supports them focus on HIV-positive status, sexual activity, and knowledge of HIV-positive status as proxies for risk, mental state, and consent to risk. As a result, they are dramatically over- and underinclusive and stigmatize individuals living with HIV. Criminalization should be limited to circumstances in which a defendant exposed her partner to a substantial degree of unassumed risk and did so with a …
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
Indiana Law Journal
What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …
Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Constitutional Aspects Of State Extradition Legislation
Constitutional Aspects Of State Extradition Legislation
Indiana Law Journal
No abstract provided.
Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea
Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea
Indiana Law Journal
Criminal Law Note
Habitual Criminal Act-Constitutionality-Evidence
Habitual Criminal Act-Constitutionality-Evidence
Indiana Law Journal
No abstract provided.
Indiana Criminal And Penal Legislation Respecting Women (Concluded), Daniel James
Indiana Criminal And Penal Legislation Respecting Women (Concluded), Daniel James
Indiana Law Journal
No abstract provided.
Appeal And Error-Raising Constitutionality Of A Statute In Criminal Cases
Appeal And Error-Raising Constitutionality Of A Statute In Criminal Cases
Indiana Law Journal
No abstract provided.
Indiana Criminal And Penal Legislation Respecting Women, Daniel James
Indiana Criminal And Penal Legislation Respecting Women, Daniel James
Indiana Law Journal
No abstract provided.