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Criminal Law Commons

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Articles 1 - 9 of 9

Full-Text Articles in Criminal Law

Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman Jan 2011

Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari Ezra Waldman

Articles & Chapters

This Article identifies logical and due process errors in HIV-related aggravated assault cases, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this Article suggests that punishing this conduct through a charge of aggravated assault - which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death - is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the "rule of thumb" that HIV can possibly be transmitted through bodily fluids as …


In Re Steven J. Lever, Stephanie A. Ackerman Jan 2011

In Re Steven J. Lever, Stephanie A. Ackerman

NYLS Law Review

No abstract provided.


Jury Nullification, Race, And The Wire, James M. Keneally Jan 2011

Jury Nullification, Race, And The Wire, James M. Keneally

NYLS Law Review

No abstract provided.


People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi Jan 2011

People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi

NYLS Law Review

No abstract provided.


Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman Jan 2011

Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman

NYLS Law Review

No abstract provided.


Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead Jan 2011

Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead

NYLS Law Review

No abstract provided.


The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo Jan 2011

The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo

NYLS Law Review

No abstract provided.


Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner Jan 2011

Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner

NYLS Law Review

No abstract provided.


Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker Jan 2011

Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker

Articles & Chapters

Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.

Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …