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Full-Text Articles in Law
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Golden Gate University Law Review
This Comment will examine the legal possibility of imposing parental criminal liability for the crimes committed by the direct acts of their children. Part II of this article will describe the elements required to impose criminal liability, specifically for the convictions of involuntary manslaughter and murder by depraved indifference. These elements are then juxtaposed against those required in civil tort law, which are substantially similar and therefore must apply to hold parents responsible for the deaths of third parties. Next, because parental criminal liability cases have not yet occurred, Part III will investigate cases in which the elements required for …
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Journal Articles
For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.
This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …
Crimes On The Gulf, David M. Uhlmann
Crimes On The Gulf, David M. Uhlmann
Articles
The explosion that rocked the Deepwater Horizon oil rig on April 20, 2010, killed 11 workers and triggered the worst environmental disaster in U.S. history. After six weeks of failed efforts to stop the gushing oil and protect the fragile ecosystem of the Gulf of Mexico and the communities along its shores, President Obama pledged on June 1 that “if our laws were broken . . . we will bring those responsible to justice.”