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Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins Jan 1985

Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins

Cleveland State Law Review

Ohio courts have struggled to divine the constitutional mandate of the reasonable doubt standard while simultaneously attempting to give a viable interpretation to the state's relatively new manslaughter law. Their approach has resulted in an unusual definition of manslaughter which has proven particularly unworkable. In addition, several other problems have developed as a result of the enactment of the manslaughter law. First, the policy espoused by the Supreme Court in its decisions has been abrogated under Ohio law. Second, Ohio law nearly abandons the distinction between murder and manslaughter. This is especially dangerous in light of the presumption of criminal …


Islamic Law And The Crime Of Theft: An Introduction, David F. Forte Jan 1985

Islamic Law And The Crime Of Theft: An Introduction, David F. Forte

Cleveland State Law Review

This Article introduces the concept of theft in Islamic law. As such, it does not pretend to be comprehensive either in the data it puts forth or in its analysis. Rather, the Article raises a number of issues for discussion, and offers, most tentatively, suggested answers to the following points: 1) whether theft in Islamic law properly belongs to the species of manifest criminality; 2) what possible justifications exist for such an extreme penalty; 3) what were the requirements for conviction; and 4) some concluding observations as to why the classical jurists encumbered a prosecution for theft with so many …


Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins Jan 1985

Voluntary Manslaughter After Patterson: An Analysis Of Ohio Law, Margaret M. Higgins

Cleveland State Law Review

Ohio courts have struggled to divine the constitutional mandate of the reasonable doubt standard while simultaneously attempting to give a viable interpretation to the state's relatively new manslaughter law. Their approach has resulted in an unusual definition of manslaughter which has proven particularly unworkable. In addition, several other problems have developed as a result of the enactment of the manslaughter law. First, the policy espoused by the Supreme Court in its decisions has been abrogated under Ohio law. Second, Ohio law nearly abandons the distinction between murder and manslaughter. This is especially dangerous in light of the presumption of criminal …