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Criminal Law

2006

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Articles 541 - 546 of 546

Full-Text Articles in Law

Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger Dec 2005

Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger

Robert M. Sanger

Essay on the Role of the Criminal Defense Lawyer. Criminal defense lawyers are often asked, "How can you represent "those" people?" The article contends that the answer is that the defense lawyer's job is to stand up for the dignity of the individual client and demand respect from the system for that client.


Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian Gallini Dec 2005

Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian Gallini

Brian Gallini

The Article first provides an overview of the history and prevailing motivations behind the promulgation of the Federal Sentencing Guidelines. Then, using the U.S. Court of Appeals for the Sixth Circuit as an illustrative example, the Article contends that, notwithstanding the supposed “far-reaching” implications of both Blakely and Booker, the judiciary's continued reliance on the “advisory” Guidelines has practically changed federal sentencing procedures very little in form or function. For a contrasting response to Booker, the Article thereafter examines the State of Maine's sentencing scheme and its response to the Supreme Court's Booker/Blakely decisions. By arguing that Maine's sentencing procedure …


9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic Dec 2005

9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic

Thomas D. Lyon

The overlap between domestic violence and child maltreatment has received an enormous amount of attention from domestic violence advocates, child advocates, policymakers, and researchers. The goals of empowering victims of domestic violence, usually women, and protecting children from abuse and neglect, usually by men, are theoretically compatible and mutually reinforcing. However, advocacy for battered mothers and protection for maltreated children have developed along different paths, leading to conflict and distrust (Edleson, 1999).


Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell Dec 2005

Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell

Caroline A Forell

This article examines and compares the partial defense of provocation as it applies to domestic homicide in the United States, Canada and Australia.


If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi Dec 2005

If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.


When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi Dec 2005

When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.