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Full-Text Articles in Law
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Faculty Scholarship
On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …
Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond
Criminal Responsibility Of The Addict: Conviction By Force Of Habit, Michael R. Diamond
Fordham Urban Law Journal
This article addresses questions of criminal responsibility of drug addicts in light of Robinson v. California, holding criminal sanctions for a status of drug addiction to be unconstitutional under the eighth amendment. The article evaluates key court cases relating the insanity defense, and argues that in cases where addicts commit criminal acts as a result of drug addictions, the addict should not suffer criminal penalties but should instead be treated through rehabilitation facilities or other methods.