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Articles 1 - 12 of 12
Full-Text Articles in Law
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Michigan Law Review
This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
University of Michigan Journal of Law Reform
This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
The Inauguration Of Criminology Annuals, David F. Greenberg
The Inauguration Of Criminology Annuals, David F. Greenberg
Michigan Law Review
A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger
A True Deliverance: The Joan Little Case, Michigan Law Review
A True Deliverance: The Joan Little Case, Michigan Law Review
Michigan Law Review
A Review of A True Deliverance: The Joan Little Case by Fred Harwell
Two Theories Of Criminal Justice, Alsen D. Miller
Two Theories Of Criminal Justice, Alsen D. Miller
Michigan Law Review
A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross
Mental Disabilities And Criminal Responsibility, Michigan Law Review
Mental Disabilities And Criminal Responsibility, Michigan Law Review
Michigan Law Review
A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette Hasse
Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review
Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review
Michigan Law Review
A Review of Beating a Rap? Defendants Found Incompetent To Stand Trial by Henry J. Steadman
Popular Justice: A History Of American Criminal Justice, Michigan Law Review
Popular Justice: A History Of American Criminal Justice, Michigan Law Review
Michigan Law Review
A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker
The American Prosecutor: A Search For Identity, Michigan Law Review
The American Prosecutor: A Search For Identity, Michigan Law Review
Michigan Law Review
A Review of The American Prosecutor: A Search for Identity by Joan E. Jacoby
Vicious Circles: The Mafia In The Marketplace, Michigan Law Review
Vicious Circles: The Mafia In The Marketplace, Michigan Law Review
Michigan Law Review
A Review of Vicious Circles: The Mafia in the Marketplace by Jonathan Kwitny
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Michigan Law Review
A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt