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State and Local Government Law

Akron Law Review

Culpability evaluations

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Culpability Evaluations In The State Supreme Courts From 1977 To 1999: A "Model" Assessment, Dannye Holley Jul 2015

Culpability Evaluations In The State Supreme Courts From 1977 To 1999: A "Model" Assessment, Dannye Holley

Akron Law Review

A key premise of this article is that a fair assessment of the performance of state supreme court judges with regard to culpability evaluations must begin by differentiating among the states based upon the relative quality of statutory guidance available to each court on this crucial substantive criminal law issue. In light of the above discussion defining culpability evaluation and legislative action with regard thereto, this article categorizes states based on relative improvement in their statutory culpability evaluation scheme: first are those states with a set of hierarchical culpability concepts, which are specifically defined in relation to types of objective …