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Full-Text Articles in Law

Should The Insanity Defense Be Abolished - An Introduction To The Debate, Norval Morris, Richard Bonnie, Joel J. Finer Jan 1986

Should The Insanity Defense Be Abolished - An Introduction To The Debate, Norval Morris, Richard Bonnie, Joel J. Finer

Journal of Law and Health

As the plans for the debate began to unfold I was concerned about the possibility that the subject matter might already be jaded, or in any event no longer would be a "hot topic" for our potential audience. Being quite familiar with the writings of our Advocates and therefore particularly susceptible to the reader-listener rehash syndrome, I was nonetheless hopeful that what had the potential for being old-hat would instead be new and interesting to those members of the audience not professionally committed to intimate familiarity with the subject matter. While I had expected that these issues, aired in the …


The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib Jan 1986

The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib

Cleveland State Law Review

The practice of imposing the death penalty for crimes committed while under the age of eighteen has occurred sporadically but persistently throughout American history. It gives every indication of continuing in this mode under current law and practice. Greatly differing approaches are followed by the various states as to the authorization and imposition of capital punishment for juveniles. This article explores the existence of a constitutionally-mandated minimum age below which the states may not venture in carrying out this practice. If such a nationwide minimum age exists or should exist, its justification can be found in current interpretations of the …