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Full-Text Articles in Jurisprudence
Swan Song For The Burger Court, Robert Hayman, C. Ramarui
Swan Song For The Burger Court, Robert Hayman, C. Ramarui
Robert L. Hayman
No abstract provided.
Attempting The Impossible: The Emerging Consensus, Ira P. Robbins
Attempting The Impossible: The Emerging Consensus, Ira P. Robbins
Ira P. Robbins
Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …