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Full-Text Articles in Law
Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty
Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty
Arkansas Law Review
The “seat belt defense” has been hotly litigated over the decades in numerous jurisdictions across the United States. It is an affirmative defense that, when allowed, reduces a plaintiff’s recovery for personal injuries resulting from an automobile collision where the defendant can establish that those injuries would have been less severe or avoided entirely had the plaintiff been wearing an available seat belt. This is an unsettled legal issue in Arkansas, despite the growing number of cases in which the seat belt defense is raised as an issue. Most jurisdictions, including Arkansas, initially rejected the defense, but the basis for …
Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan
Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
A mentally-impaired accused who cannot comprehend the nature of the proceedings or assist his counsel in presenting his defense to the criminal charge cannot be tried as a matter of due process of law. In Jackson v. Indiana, 1 the United States Supreme Court held that due process concerns also bar the never-ending jeopardy resulting from an inability to restore an impaired accused to competence for purposes of proceeding to trial. When an Arkansas circuit court ordered the dismissal of pending criminal charges against an impaired accused who could not be restored to fitness for trial, the Arkansas Supreme Court, …
Are 'Voices For Justice' Heard: A Star-Studded Rally On Behalf Of The West Memphis Three Prompts The Delicate Question, Mara Leveritt
Are 'Voices For Justice' Heard: A Star-Studded Rally On Behalf Of The West Memphis Three Prompts The Delicate Question, Mara Leveritt
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—Manslaughter—A Fetus Is Not A Person As The Term Is Used In The Manslaughter Statute, John T. Shannon
Criminal Law—Manslaughter—A Fetus Is Not A Person As The Term Is Used In The Manslaughter Statute, John T. Shannon
University of Arkansas at Little Rock Law Review
No abstract provided.
Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa
Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.