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Legal History Commons

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Articles 1 - 5 of 5

Full-Text Articles in Legal History

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Kant’S Categorical Imperative And Mandatory Minimum Sentencing, Craig Turner Jan 2016

Kant’S Categorical Imperative And Mandatory Minimum Sentencing, Craig Turner

Washington University Jurisprudence Review

Deterrence-based punishment systems are scattered throughout history, and exist in the American legal system today. One such method of deterrence prescribes mandatory punishments for violations of certain crimes, without regarding to underlying circumstances or an assessment of the the individual accused of such crimes. These types of sentencing requirements restrict judicial discretion and are designed to serve as an example for other would-be offenders. While perhaps justifiable under a utilitarian code of ethics, mandatory minimums are morally suspect when assessed through the lens Immanuel Kant’s Categorical Imperative.

The fundamental premise of the second formulation of Kant’s Categorical Imperative ...


Criminal Responsibility And Causal Determinism, J. G. Moore Jan 2016

Criminal Responsibility And Causal Determinism, J. G. Moore

Washington University Jurisprudence Review

In analytical jurisprudence, determinism has long been seen as a threat to free will, and free will has been considered necessary for criminal responsibility. Accordingly, Oliver Wendell Holmes held that if an offender were hereditarily or environmentally determined to offend, then her free will would be reduced, and her responsibility for criminal acts would be correspondingly diminished. In this respect, Holmes followed his father, Dr. Holmes, a physician and man of letters. Similar theories, such as neuropsychological theories of determinism, continue to influence views on criminal responsibility, although such theories do not imply that it is physically impossible for accused ...