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Criminal Law

Murder

Fordham Law School

Publication Year

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Full-Text Articles in Law

Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies Jan 1991

Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies

Fordham Urban Law Journal

"Lisa Steinberg's head was hit so hard her injuries matched those of a person who had fallen out of a three-story window. Over the course of three months, investigators believed that Jessica Cortez was beaten numerous times with fists, a ruler, and a belt by her mother's companion who, in addition, sexually abused her. Lisa and Jessica are only two of the many New York City children who have died as a result of child abuse in recent years; at least 126 other children died at the hands of abusive adults in 1988 alone. This alarming and ever increasing statistic …


Blaming The Victim: The Admissibility Of Sexual History In Homicides, Joan L. Brown Jan 1988

Blaming The Victim: The Admissibility Of Sexual History In Homicides, Joan L. Brown

Fordham Urban Law Journal

This Note analyzes whether legislation analogous to rape-shield statutes should be enacted to limit testimony concerning the prior sexual history of a murder victim. The Note discusses the historical development of rape-shield statutes and the policies underlying their enactment, examines the constitutional of rape-shield statutes, and discusses the rationale behind state court decisions upholding the constitutionality of rape-shield statutes. The Note then considers whether existing law concerning the right of privacy and testimonial privileges may be construed to enable the family members of a murder victim to prevent the exposure of a deceased victim's sexual past. Based upon this analysis, …