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Full-Text Articles in Law
Reconceiving Coercion-Based Criminal Defenses, Stephen R. Galoob, Erin Sheley
Reconceiving Coercion-Based Criminal Defenses, Stephen R. Galoob, Erin Sheley
Journal of Criminal Law and Criminology
Coercing someone is sometimes wrong and sometimes a crime. People subject to coercion are sometimes eligible for criminaldefenses, such as duress. How, exactly, does coercion operate in such contexts? Among legal scholars, the predominant understanding of coercion is the “wrongful pressure” model, which states that coercion exists when the coercer wrongfully threatens the target and, as a result of this threat, the target is pressured to act in accordance with the coercer’s threat. Some tokens of coercion do not fit neatly within existing legal categories or the wrongful pressure model of coercion. For example, coercive control is a psychological phenomenon …
Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright
Journal of Criminal Law and Criminology
As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and plaintiffs rely on …
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman
NULR Online
No abstract provided.
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer
NULR Online
No abstract provided.
Race Matters In Jury Selection, Peter A. Joy
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
NULR Online
No abstract provided.
Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian
Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian
NULR Online
No abstract provided.
Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver
Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver
NULR Online
No abstract provided.
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
NULR Online
No abstract provided.