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Full-Text Articles in Law
Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer
Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer
West Virginia Law Review
No abstract provided.
Policing From The Gut: Anti-Intellectualism In American Criminal Procedure, Brian J. Foley
Policing From The Gut: Anti-Intellectualism In American Criminal Procedure, Brian J. Foley
Maryland Law Review
No abstract provided.
Offence Definitions, Conclusive Presumptions, And Slot Machines, Michael Plaxton
Offence Definitions, Conclusive Presumptions, And Slot Machines, Michael Plaxton
Osgoode Hall Law Journal
Canadian evidence scholars frequently claim that conclusive presumptions are nothing more than substantive offence definitions. This position reflects a persistent confusion, not about the function of legal presumptions in the law of evidence, but about the function of offence definitions beyond the law of evidence. Offence definitions, unlike conclusive presumptions, serve the normative function of defining wrongful conduct for citizens. This commentary argues that the language of conclusive presumptions allows us to distinguish the gravamen of a criminal offence from a means of facilitating proof of that wrong. It is, to that extent, worth preserving the distinction between conclusive presumptions …