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Articles 1 - 30 of 92
Full-Text Articles in Law
Any (Reasonable) Doubt: Evaluating A Criminal Defendant's Motion To Strike A Hearing-Impaired Juror For Cause, Elisabeth Avilla
Any (Reasonable) Doubt: Evaluating A Criminal Defendant's Motion To Strike A Hearing-Impaired Juror For Cause, Elisabeth Avilla
Florida State University Law Review
No abstract provided.
How And Why Corporations Became (And Remain) Persons Under Criminal Law, W. Robert Thomas
How And Why Corporations Became (And Remain) Persons Under Criminal Law, W. Robert Thomas
Florida State University Law Review
No abstract provided.
The Problem With Inference And Juvenile Defendants, Jenny E. Carroll
The Problem With Inference And Juvenile Defendants, Jenny E. Carroll
Florida State University Law Review
Much of criminal law relies on proof by inference. The value of evidence frequently lies in what it suggests as much as what it shows. An outstretched hand in a dark alley is either an illicit drug deal or a handshake; a semi-coherent moan is either encouragement of, or resistance to, a sexual advance; shouted words to "fuck up" a school principal could be either a promise of harm to come or meaningless bravado. In criminal law, fact finders untangle not only what happened, but why it happened, or perhaps more accurately, what the defendant's state of mind was when …
Possession, Child Pornography, And Proportionality: Criminal Liability For Aggregate Harm Offenses, Anthony M. Dillof
Possession, Child Pornography, And Proportionality: Criminal Liability For Aggregate Harm Offenses, Anthony M. Dillof
Florida State University Law Review
Federal prosecutions of individuals for possessing child pornography have risen steadily and dramatically over the last twenty years. As the number of prosecutions have increased, so have the penalties. Today a typical defendant charged with possessing child pornography can expect a seven-year prison sentence. This Article considers the question of whether such sentences are just, fair, and proportionate. To answer this question, this Article adopts a retributivist perspective on punishment. Retributivism, in turn, requires evaluating the wrongfulness of the conduct to be punished. This Article argues that while the possession of child pornography by a large group of persons in …
Innocent Until Born: Why Prisons Should Stop Shackling Pregnant Women To Protect The Child, Melanie Kalmanson
Innocent Until Born: Why Prisons Should Stop Shackling Pregnant Women To Protect The Child, Melanie Kalmanson
Florida State University Law Review
The practice of American prisons to shackle and otherwise restrain incarcerated, preg-nant women is problematic for several reasons. Such practices include shackling, chaining, and handcuffing pregnant inmates during their third trimester, transportation to and from medical facilities, labor and delivery, and postpartum recovery. Current discourse on this topic focuses primarily on how these practices invade the woman’s civil liberties, particularly the Eighth Amendment right against cruel and unusual punishment, and international human rights. Recent case law vindicates policy rationales for such practices—safety of others, safety of the woman herself, and securing flight risks.
These discussions overlook and this Note confronts …
Relational Criminal Liability, Steven R. Morrison
Relational Criminal Liability, Steven R. Morrison
Florida State University Law Review
“Relational criminal liability,” or one person’s criminal liability for the actions of another by way of a group of which both individuals are a part, generates a fundamental tension between collectivist and individualist approaches to liability. The collectivist approach, which reifies the group qua group, enables individuals to be liable for the acts of the group and the group to be liable for the acts of individuals. The individualist approach treats ind-viduals qua individuals, holding them liable only for their own conduct.
This tension sounds both in moral philosophy and legal theory. As to philosophy, Michael Bratman, Margaret Gilbert, and …
Rethinking Victim-Based Statutory Sentencing Enhancements, Kevin Bennardo
Rethinking Victim-Based Statutory Sentencing Enhancements, Kevin Bennardo
Florida State University Law Review
Punishment enhancements that are triggered by some trait of the victim are deeply en-trenched in American criminal statutes. The research underlying this Article identified over 120 distinct traits that a victim could possess that would statutorily enhance the offender’s punishment. These enhancements are often based on an inherent trait of the victim (e.g., age, disability), the victim’s occupation (e.g., law enforcement officers, utility workers), or a non-occupational role-based undertaking (e.g., jurors, visitors at a detention center).
This Article argues that such victim-based statutory enhancements should be eliminated. First, they are dreadfully inegalitarian. These enhancements send the message that society prefers …
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Florida State University Law Review
No abstract provided.
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
Florida State University Law Review
This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Second, this Article argues that the prioritization of criminal defense counsel over civil counsel reflects a mistaken view of lawyers’ primary role as a shield against government power. Lawyers also serve a vital role in checking the power of private actors. As private actors increasingly take …
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark
Florida State University Law Review
No abstract provided.
Applying The 'Cuffs: Consistency And Clarity In A Bright-Line Rule For Arrest-Like Restraints Under Miranda Custody, Luis Then
Florida State University Law Review
No abstract provided.
Consequences Too Harsh For Noncitizens Convicted Of Aggravated Felonies?, Erica Steinmiller-Perdomo
Consequences Too Harsh For Noncitizens Convicted Of Aggravated Felonies?, Erica Steinmiller-Perdomo
Florida State University Law Review
No abstract provided.
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida State University Law Review
No abstract provided.
Florida's Capital Sentencing Jury Override: Whom Should We Trust To Make The Ultimate Ethical Judgment?, Latour Rey Lafferty
Florida's Capital Sentencing Jury Override: Whom Should We Trust To Make The Ultimate Ethical Judgment?, Latour Rey Lafferty
Florida State University Law Review
No abstract provided.
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Florida State University Law Review
No abstract provided.
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Florida State University Law Review
No abstract provided.
Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere
Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere
Florida State University Law Review
No abstract provided.
House Bill 591: Florida Compensates Rosewood Victims And Their Families For A Seventy-One-Year-Old Injury, C. Jeanne Bassett
House Bill 591: Florida Compensates Rosewood Victims And Their Families For A Seventy-One-Year-Old Injury, C. Jeanne Bassett
Florida State University Law Review
No abstract provided.
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Florida State University Law Review
No abstract provided.
Tightening The Net Of Florida's Rico Act, Jennifer Daley
Tightening The Net Of Florida's Rico Act, Jennifer Daley
Florida State University Law Review
No abstract provided.
Toward A New South Africa Without The Death Penalty—Struggles, Strategies, And Hopes, Jan H. Van Rooyen
Toward A New South Africa Without The Death Penalty—Struggles, Strategies, And Hopes, Jan H. Van Rooyen
Florida State University Law Review
No abstract provided.
Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.
Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.
Florida State University Law Review
No abstract provided.
Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie
Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie
Florida State University Law Review
No abstract provided.
Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Florida State University Law Review
No abstract provided.
Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Florida State University Law Review
No abstract provided.
When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz
When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz
Florida State University Law Review
No abstract provided.
Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen
Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen
Florida State University Law Review
No abstract provided.
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
Florida State University Law Review
No abstract provided.
Prison Overcrowding -- The Time For Policy Change Has Come!, Charles M. Harris, Jr.
Prison Overcrowding -- The Time For Policy Change Has Come!, Charles M. Harris, Jr.
Florida State University Law Review
No abstract provided.
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Florida State University Law Review
No abstract provided.