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Articles 91 - 113 of 113
Full-Text Articles in Law
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
A New Twist In The War On Drugs: The Constitutional Right Of A Mentally Ill Criminal Defendant To Refuse Antipsychotic Medication That Would Make Him Competent To Stand Trial, Brian Domb
Journal of Law and Health
The purpose of this Note is to analyze what right, if any exists for a mentally ill criminal defendant to refuse the administration of antipsychotic drugs to gain competence to stand trial. Focusing mainly on the trial context of the right to refuse is not to suggest that there is not overlap between the right of a criminal defendant to refuse and the right of a civilly committed patient to refuse. Indeed, it is often unclear why an individual is brought to the emergency room of a general hospital and eventually committed, rather than being arrested and booked and later …
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Touro Law Review
No abstract provided.
Colorado Law Concerning Accomplices And Complicity, Marianne Wesson
Colorado Law Concerning Accomplices And Complicity, Marianne Wesson
Publications
No abstract provided.
Criminal Law—Child Abuse Resulting In Death—Arkansas Amends Its First Degree Murder Statute, Paul H. Taylor
Criminal Law—Child Abuse Resulting In Death—Arkansas Amends Its First Degree Murder Statute, Paul H. Taylor
University of Arkansas at Little Rock Law Review
No abstract provided.
Specific And General Nonsense?, Tim Quigley
Specific And General Nonsense?, Tim Quigley
Dalhousie Law Journal
In a previous article, I dealt with the argument that the present law on the intoxication defence was well-founded on legal authority and concluded that it was not. I then suggested that those wishing to uphold the present law as represented by Leary v. The Queen and D.PP v. Majewski would have to find support in other arguments. The purpose of this article is therefore to examine those arguments to see whether they provide sufficient ground for the current state of the law in Canada and England. In particular, the specific-general intent dichotomy will be examined in this light.
Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan
Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan
Fordham Urban Law Journal
This article argues that a legislative reconsideration of the New York felony murder doctrine is timely and essential. The author traces the origins of New York's felony murder statute and recent efforts to limit its scope. The author argues that the felony murder doctrine contravenes the modern philosophy of adjudication based on subjective factors such as mens rea, eroding the link between criminal liability and moral culpability.
Should The Insanity Defense Be Abolished - An Introduction To The Debate, Norval Morris, Richard Bonnie, Joel J. Finer
Should The Insanity Defense Be Abolished - An Introduction To The Debate, Norval Morris, Richard Bonnie, Joel J. Finer
Journal of Law and Health
As the plans for the debate began to unfold I was concerned about the possibility that the subject matter might already be jaded, or in any event no longer would be a "hot topic" for our potential audience. Being quite familiar with the writings of our Advocates and therefore particularly susceptible to the reader-listener rehash syndrome, I was nonetheless hopeful that what had the potential for being old-hat would instead be new and interesting to those members of the audience not professionally committed to intimate familiarity with the subject matter. While I had expected that these issues, aired in the …
Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register
Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register
Touro Law Review
No abstract provided.
Imputed Criminal Liability, Paul H. Robinson
Imputed Criminal Liability, Paul H. Robinson
All Faculty Scholarship
Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …
Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond
Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond
Seattle University Law Review
Whether mental illness and related impairments in the human psyche should affect an individual's criminal responsibilityfor law-breaking behavior has always provoked intense andwide-ranging debate. This debate clearly reflects society's lack of consensus concerning the appropriateness and scope of considering mental impairment in assessing individual criminal responsiblility. Thus, it is not unexpected that recently proposals to abolish the insanity defense have been seriously suggested or that noted scholars have urged society to place the disposition of mentally ill offenders in the exclusive hands of experts. That this heated discussion continues unabated should come as no surprise, since legal doctrines which excuse …
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Vanderbilt Law Review
The concept of diminished capacity allows a defendant in a criminal case to prove, usually by presenting psychiatrists who testify that he suffered from an abnormal mental condition, that he was unable to entertain the particular mens rea required for conviction.' Although courts historically have been reluctant to admit such testimony, in recent years a growing number of jurisdictions have recognized the concept of diminished capacity. Recent decisions in Pennsylvania, the District of Columbia, and North Carolina, as well as recently adopted statutes in ten other jurisdictions,illustrate the evidentiary, social, and constitutional issues raised by the concept of diminished capacity. …
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Dalhousie Law Journal
The essence of conspiracy is the agreement or plot formed between two or more parties. Thus, in R. v. Aspinall, for example, Brett J. A. said: ". . . . the crime of conspiracy is completely committed, if it is committed at all, the moment two or more have agreed that they will do, at once and at some future time, certain things." It follows that criminal conspiracy may be loosely defined as a criminal contract: an agreement between two or more "persons". Emphasis will be placed upon the elements of that required agreement in the discussion that follows. First, …
Kentucky Penal Code: The Culpable Mental States And Related Matters, Robert G. Lawson
Kentucky Penal Code: The Culpable Mental States And Related Matters, Robert G. Lawson
Law Faculty Scholarly Articles
All efforts to improve the criminal law of this commonwealth prior to 1972 were directed toward relatively narrow problems. Legislative changes in the law had been made from time to time, almost always without conscious regard for the manner in which related principles were affected. Defects of considerable importance resulted. The criminal law became substantially disjointed and difficult of administration. Unjust and inequitable treatment of offenders was more prominent than its opposite. In some instances sanctions were clearly inadequate for the type of behavior sought to be controlled. In others they were grossly disproportionate to the social harms used to …
The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher
The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher
Faculty Scholarship
Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …
Criminal Law Revision In Kentucky: Part I—Homicide And Assault, Robert G. Lawson
Criminal Law Revision In Kentucky: Part I—Homicide And Assault, Robert G. Lawson
Law Faculty Scholarly Articles
At the present time the Kentucky Commission on Law Enforcement and Crime Prevention and the Legislative Research Commission are jointly engaged in a project designed to revise the state's substantive criminal law. This effort is justifiable only if the existing law is defective and the "revision will result in significant improvement in [criminal law] administration." A cursory examination of the criminal statutes, with no reference to case law, leaves not the slightest doubt as to the need for revision. Until now no major attempt at revision has ever been undertaken in this state. As a consequence, the statutes are devoid …
Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher
Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher
Faculty Scholarship
This slim volume contains the text of two lectures given by Professor Hart at the Hebrew University of Jerusalem in 1964. The first lecture, "Changing Conceptions of Responsibility," expresses concern at the turn in which the "liberal" criminal law reform movement in England has taken in connection with the law of criminal responsibility. Professor Hart takes issue with the stand of a leading reformer, Lady Wootton, who advocates abolition of the mens rea prerequisite to penal liability. In her view, the mental state of a harm-doer is relevant not to determining his penal liability (conviction), but only to the decision …
Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers
Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers
Michigan Law Review
Hernandez represents the first positive judicial step toward changing the irrational rules which currently control the crime of statutory rape, and its import should furnish a touchstone for the future development of the law of all sex crimes. In the brief period since the Hernandez decision was handed down it has been reaffirmed by its authors, and the legislatures in two other states have enacted statutes which embrace its sound reasoning. However, at least one state has evidenced an intent to follow the traditional judicial approach of imposing strict liability, notwithstanding the defendant's reasonable mistake with respect to the true …
Mens Rea And The Law Without It: Rationale And The West Virginia Rule, Gerhard O. W. Mueller
Mens Rea And The Law Without It: Rationale And The West Virginia Rule, Gerhard O. W. Mueller
West Virginia Law Review
No abstract provided.
Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed.
Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed.
Michigan Law Review
ln view of the apparently increasing number of cases which have come before the courts in recent years in which the defense of "temporary insanity" has been made, an investigation into the status of that defense in the criminal law of today would seem desirable. The term "temporary insanity" is one of popular origin and finds no place in strict legal terminology. The defense of incapacity for the mens rea, legally speaking, is "insanity," not "temporary insanity." But because of the human desire for a mot convenable, we have come to apply the term "temporary insanity" to those …
Mens Rea In The Early Law Of Homicide, A. E. Funk Jr.
Mens Rea In The Early Law Of Homicide, A. E. Funk Jr.
Kentucky Law Journal
No abstract provided.
Early Causes And Development Of The Doctrine Of Mens Rea, Anne F. Noyes
Early Causes And Development Of The Doctrine Of Mens Rea, Anne F. Noyes
Kentucky Law Journal
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.