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Full-Text Articles in Criminal Law
Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams
Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams
Indiana Law Journal
In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …
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 Material Support Prosecution And Foreign Policy, Wadie E. Said
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Indiana Law Journal
No abstract provided.
Liberty Lost: The Moral Case For Marijuana Law Reform, Eric Blumenson, Eva Nilsen
Liberty Lost: The Moral Case For Marijuana Law Reform, Eric Blumenson, Eva Nilsen
Indiana Law Journal
Marijuana policy analyses typically focus on the relative costs and benefits of present policy and its feasible alternatives. This Essay addresses a prior, threshold issue: whether marijuana criminal laws abridge fundamental individual rights, and if so, whether there are grounds that justify doing so. Over 700, 000 people are arrested annually for simple marijuana possession, a small but significant proportion of the 100 million Americans who have committed the same crime. In this Essay, we present a civil libertarian case for repealing marijuana possession laws. We put forward two arguments corresponding to the two distinct liberty concerns implicated by laws …
Reforming The Criminal Trial, Craig M. Bradley
Reforming The Criminal Trial, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Another Larceny-Embezzlement Case
Another Larceny-Embezzlement Case
Indiana Law Journal
Notes and Comments: Criminal Law
Criminal Law-Double Jeopardy-Dismissing After Jury Impaneled
Criminal Law-Double Jeopardy-Dismissing After Jury Impaneled
Indiana Law Journal
No abstract provided.