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Articles 1 - 4 of 4
Full-Text Articles in Law
The Criminal Corporation: Is Ohio Prepared For Corporate Criminal Prosecutions For Workplace Fatalities, Judy K. Broussard
The Criminal Corporation: Is Ohio Prepared For Corporate Criminal Prosecutions For Workplace Fatalities, Judy K. Broussard
Cleveland State Law Review
Although the public perception of the meaning of the term "corporate crime" includes white collar crimes such as embezzlement and insider trading, today corporate crime encompasses another meaning in American jurisprudence-violent corporate crime. Corporations charged with such violent crimes generally fall into two categories: (1) those that manufacture or market consumer products which cause death within the general public, and (2) those whose employees are killed due to fatal accidents within the workplace. The usual legal recourse against a corporation responsible for the death of a person, in either of the above categories, is the filing of a civil wrongful …
The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed
The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed
Cleveland State Law Review
This article centers on the case of United States v. Martinez, the only recent case in which an accused was acquitted on the ground of good moral character. Martinez illustrates the powerful effect of a good character evidence defense that showed the accused led a blameless life before being inveigled into drug courier service by an intimidating DEA informer. This article begins with a brief review of United States v. Martinez. Following a presentation of this case, the article shifts focus to examine what our sister discipline of psychology can tell us about human personality and the cross-situational stability of …
Florida's Community Notification Of Sex Offenders On The Internet: The Disregard Of Constitutional Protections For Sex Offenders, Andrea L. Fischer
Florida's Community Notification Of Sex Offenders On The Internet: The Disregard Of Constitutional Protections For Sex Offenders, Andrea L. Fischer
Cleveland State Law Review
One of the toughest challenges for the courts is determining how to balance society's need for protection against an individual's constitutional rights. This Note provides an analysis of the controversy concerning community notification of sex offenders who victimize children, with the discussion directed to the constitutionality of community notification over the Internet, and suggests other possible ways to help prevent repeat sex offenses against children. Part II begins by focusing on which members of our communities are sex offenders that victimize children and looks at the reasons why they choose children as their victims. In Part III, this Note traces …
Concepts Of Culpability And Deathworthiness: Differentiating Between Guilt And Punishment In Death Penalty Cases, Phyllis L. Crocker
Concepts Of Culpability And Deathworthiness: Differentiating Between Guilt And Punishment In Death Penalty Cases, Phyllis L. Crocker
Law Faculty Articles and Essays
The punishment of death is supposed to be reserved for those defendants who commit the most grievous murders and deserve the most extreme punishment. It is constitutionally insufficient to conclude that because a defendant is guilty of committing murder, death is the only deserved punishment. The judgment that a defendant is one of the few who will be sentenced to death requires an inquiry that looks beyond the defendant's guilt to consider whether the defendant is worthy of a death sentence. This article argues that the distinction between a defendant's guilt and deathworthiness is so often obscured that defendants who …