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Full-Text Articles in Law
Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb
Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb
Cleveland State Law Review
Each of these unique features [of the Rotten Social Background (RSB) defense] is skeptically received by the classical criminal law mainly because of its fundamentally non-scientific, folk-psychological position on free will. However, discoveries in contemporary neuroscience strongly support each of these features. While chemical, causal, and deterministic brain events indisputably play a central role, RSB is virtually ignored as a frightening intrusion by materialism into the dualist sanctuary of the law. Yet RSB, as an indicator species for the health of the criminal law’s philosophic ecosystem, cannot be discounted out of hand any longer. In fact, the reconciliation of law …
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson
Cleveland State Law Review
Most members of the public lack first-hand experience with the criminal justice system; nevertheless, they believe that they possess phenomenological knowledge about it. In large part, the public’s understandings of crime and punishment are derived from television and film, which provide modern audiences with a vision of institutions that are normally occluded from view. While public rituals of punishment used to take place on the scaffold, equivalent moral narratives about crime and punishment now occur on film because modern punishment is imposed outside of the public gaze. Yet because crime films distort what they depict, the public’s view of crime …
Courts Caught In The Web: Fixing A Failed System With Factors Designed For Sentencing Child Pornography Offenders, Brendan J. Sheehan
Courts Caught In The Web: Fixing A Failed System With Factors Designed For Sentencing Child Pornography Offenders, Brendan J. Sheehan
Cleveland State Law Review
This Article introduces a Study, compiling data of 238 internet crimes against children occurring between 2008-2012, and concludes there is no correlation between presentence risk assessment scores and the subsequent sentences imposed by Northeast Ohio judges. The current risk assessment tools are insufficient and should be replaced by a comprehensive multi-factor approach that assesses relevant factors and identifies an offender’s placement on the “Spiral of Abuse” to aid Northeast Ohio judges in crafting fair, just, and consistent sentences for CPOs.
The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of Hiv To Their Fetuses And Infants, Shahabudeen K. Khan
The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of Hiv To Their Fetuses And Infants, Shahabudeen K. Khan
Cleveland State Law Review
There is a renewed interest in HIV/AIDS issues given that better treatment is available. The Department of Justice (DOJ), Civil Rights Division, recently published best practice guidelines to reform HIV-specific criminal laws to conform to modern science. The DOJ’s latest guidelines urge states to “reform and modernize” the laws to reflect modern science. There is a lot of unfinished work regarding the ineffectiveness and stigma associated with HIV criminal transmission laws as a whole. These laws are “no good” and counterintuitive in the fight against this unfortunate disease. There have been calls to repeal these laws in their entirety. That …