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Full-Text Articles in Law

Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard Jan 1982

Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard

Cleveland State Law Review

The state of Ohio enacted a new death penalty statute which became effective October 19, 1981. As of January 18, 1983, eighty-three defendants had been indicted under the new statute. It is, therefore, both necessary and timely to evaluate Ohio's statutory delineation of who may die and its effect for compliance with constitutional mandates. This Note sets forth the hypotheses and supporting legal authority for analyzing Ohio's statutory aggravating circumstances individually and in the aggregate on equal protection and procedural due process grounds.


Genetically-Influenced Antisocial Conduct And The Criminal Justice System, Lawrence E. Taylor Jan 1982

Genetically-Influenced Antisocial Conduct And The Criminal Justice System, Lawrence E. Taylor

Cleveland State Law Review

The trend of current genetic research is clear. Assuming the legal system is eventually presented with the scientific capability of "reading" DNA and the statistical ability of predicting with substantial accuracy the probable future consequences of aberrant genetic structure, some very difficult questions will be posed. How should the criminal justice system deal with a criminal offender whose conduct was caused by a genetic aberration? Does society have the right to seek out such individuals before they cause harm and remove them from the community?


Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key Jan 1982

Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key

Cleveland State Law Review

The Ohio Allied Offense Statute is a codification of the common law doctrine of merger and is the Ohio legislature's attempt to insulate criminal defendants from harsh and absurd punishment. This Article discusses the relationship of certain constitutional guarantees against multiple punishments to the Allied Offense Statute and the multiple punishment controversy in Ohio.