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Full-Text Articles in Law

Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn Oct 2022

Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn

William & Mary Journal of Race, Gender, and Social Justice

Shaken Baby Syndrome (SBS) is a controversial diagnosis and an even more controversial basis for conviction. The syndrome is questioned by scientists and doctors who have yet to come to a consensus on its diagnosis. Courts have permitted SBS evidence to be admitted in criminal trials, and many people have been convicted solely on the basis of this controversial diagnosis. This Note seeks to analyze the history of SBS, the conflicts in the medical and scientific community, standards of evidence that permit its admission in court, and how all of these factors converge in a way that disproportionately impacts women …


Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio Jan 2020

Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining Apr 2019

No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining

William & Mary Journal of Race, Gender, and Social Justice

This Article considers the impact of a hypothetical nonconsensual pornography victim’s previous sexual history on potential legal remedies, both criminal and civil. Due to jury bias and the difficulty in proving standard elements of many claims, the research shows that such a victim would likely be unsuccessful in court. This Article then turns to two legal concepts from related fields—the incremental harm doctrine and rape shield laws—and considers what effect their application would have on the hypothetical victim’s case. Ultimately, the author presents an argument for the logical expansion of rape shield laws to cases of nonconsensual pornography.


Does Removing The Force Element Matter?: An Empirical Comparison Of Rape Statistics In Massachusetts And Colorado, Peter Landsman May 2015

Does Removing The Force Element Matter?: An Empirical Comparison Of Rape Statistics In Massachusetts And Colorado, Peter Landsman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine Dec 2013

Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Maintaining The Presumption Of Innocence In Date Rape Trials Through The Use Of Language Orders: State V. Safi And The Banning Of The Word "Rape", Jason Wool Oct 2008

Maintaining The Presumption Of Innocence In Date Rape Trials Through The Use Of Language Orders: State V. Safi And The Banning Of The Word "Rape", Jason Wool

William & Mary Journal of Race, Gender, and Social Justice

This note evaluates the use of language orders in date rape trials in which the defense is consent through a case study of State v. Safi, in which Tory Bowen claims that Pamir Safi date raped her. In that case, the trial judge granted a motion by the defense to prevent the prosecution and any of their witnesses from using words such as "rape" and "sexual assault." Using State v. Safi as a starting point, the author examines the use of such trial orders from the perspective of both defendants and victims. The author concludes that a modified version of …


A Shock To The System: Analyzing The Conflict Among Courts Over Whether And When Excited Utterances May Follow Subsequent Startling Occurrences In Rape And Sexual Assault Cases, Colin Miller Oct 2005

A Shock To The System: Analyzing The Conflict Among Courts Over Whether And When Excited Utterances May Follow Subsequent Startling Occurrences In Rape And Sexual Assault Cases, Colin Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody Apr 2005

A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks Feb 2001

Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich Oct 1999

Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein Dec 1997

Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait Dec 1997

"My God!" Is This How A Feminist Analyzes Excited Utterances, Randolph N. Jonakait

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.