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Full-Text Articles in Law
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Cleveland State Law Review
The currently predominant view of public requitals for criminal behavior draws on the deontic guidance provided rather sketchily by Kant’s writings. He offers a broad, formal framework for the mandate to respect others and punish those who criminally violate the mandate. As ethical beings, people have the duty to avoid invading the "autonomy space" of others that is delineated by maxims designed to reasonably and fairly balance everyone’s equal liberty and security interests. Once society settles on a complete and coherent set of maxims that determines the reach of one’s autonomy space, it must then turn to maxims that address …
Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel
Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel
Journal of Law and Health
The purpose of this paper is to merge two largely separate bodies of writing on the subject of psychiatric participation in capital punishment. Much has already been written from the perspective of legal academics regarding the rights of prisoners to be free from unwanted medical care if the purpose of providing such care is to render them fit for execution. Medical ethicists have also written much on the degree to which physicians, and specifically psychiatrists, may participate in facilitating the death penalty before they become so complicit as to violate accepted standards of professional ethics. Surprisingly, these two fields of …
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Cleveland State Law Review
Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.