Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

1993

Selected Works

Articles 1 - 6 of 6

Full-Text Articles in Law

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon Jul 1993

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon

Thomas D. Lyon

Children's decision making ability is important in a number of areas in the law.  A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.

Go to article

1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell May 1993

1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

2 studies investigated young children's understanding that as the retention interval increases, so do the chances that one will forget. In Study 1 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 characters who simultaneously saw an object, the character who waited longer before attempting to find it would not remember where it was. In study 2 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 objects seen by a character, the object that was seen a "long long time ago" would be forgotten and the object seen "a little while ago" …

Go to article

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Angela P Harris

No abstract provided.

Go to article

Battered But Not Beaten: Women Who Kill In Self Defence, Ian D. Leader-Elliott Professor Dec 1992

Battered But Not Beaten: Women Who Kill In Self Defence, Ian D. Leader-Elliott Professor

Ian D Leader-Elliott Professor

This essay commences with a critical evaluation of the battered woman syndrome. It continues with an illustrative biographical fragment, before discussing the polemics of excuse and justification in American criminal law. The concluding section provides an account of the law of self defence and provocation in their application to defensive homicides against attack by an intimate aggressor. The argument of the essay is that Australian common law is capable of discriminating and compassionate justice, in cases of self defence against intimate aggressors and provocation by intimate aggressors. Recourse to the dubious theory that the victims of domestic violence are characterised …

Go to article

Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm Dec 1992

Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm

James W. Diehm

In his article Professor Giannelli articulates quite clearly the confrontation issues that arise when the government seeks to introduce scientific evidence testimony in a criminal case." His work is helpful to our understanding of the problems that develop in the limited contexts of expert testimony and laboratory reports. It also provides valuable insights into the relationship between the Confrontation Clause and the hearsay rules. However, perhaps most important is the contribution that he makes to our understanding of the right of confrontation and our attempts to define that right and its limitations. While I find myself to be in general …

Go to article

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Marjorie M. Shultz

No abstract provided.

Go to article