Law Commons^™

Proportional Mens Rea, Stephen F. Smith

Stephen F. Smith

No abstract provided.

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Research

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Gordon A Crews

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Angela Crews

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Ken Levy

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 …

Implied Fortitude: California's Defense Of Duress, Russell Stephan Kerr

Pepperdine Law Review

No abstract provided.

Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl

Mark A. Drumbl

There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …

Responsible Shares And Shared Responsibility: In Defense Of Responsible Corporate Officer Liability, Amy J. Sepinwall

Studio for Law and Culture

When a corporation commits a crime, whom may we hold criminally liable? One obvious set of defendants consists of the individuals who perpetrated the crime on the corporation’s behalf. But according to the responsible corporate officer (RCO) doctrine – a doctrine that is growing more widespread – the state may also prosecute and punish those corporate executives who, although perhaps lacking “consciousness of wrongdoing,” nonetheless have “a responsible share in the furtherance of the transaction which the statute outlaws.” In other words, the RCO doctrine imposes criminal liability on the executive who need not have participated in her corporation’s crime; …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Publications and Presentations

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy …

Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann

Articles

On April 5, 2010, a massive explosion killed twenty-nine miners at Massey Energy's Upper Big Branch mine near Montcoal, West Virginia. Following the explosion, President Barack Obama vowed that the U.S. Department of Labor would conduct "the most thorough and comprehensive investigation possible" and work with the U.S. Department of Justice ("Justice Department" or the "Department") to address any criminal violations. Later in the month, the President and Vice President flew to West Virginia to eulogize the victims and comfort their families. It was the nation's worst coal mining disaster in forty years. The tragic loss of life at the …