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Articles 1 - 4 of 4
Full-Text Articles in Law
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Missouri Law Review
Section I provides a brief overview of the significance of group status generally and its traditional relevance and usage within the criminal justice system. This discussion places the novel, defense-oriented approach to group status in a proper historical and analytical context. Section II begins by sketching a generally accepted system of defenses and placing general defenses within this context. It next describes the proper understanding of justification and excuse, the two preeminent theories for exculpatory general defenses. This complicated and often-contentious area of law is exposited here only insofar as it is necessary to lay the groundwork for the critique …
Bifurcations Of Consciousness: The Elimination Of The Self-Induced Intoxication Excuse, Derrick Augustus Carter
Bifurcations Of Consciousness: The Elimination Of The Self-Induced Intoxication Excuse, Derrick Augustus Carter
Missouri Law Review
In early American and English common law, intoxication evidence did not excuse or mitigate criminal behavior.! Any person who destroyed his or her volition through intoxication was equally as culpable as a sober person for the legal consequences of a self-induced vice.2 Voluntary drunkenness aggravated, rather than reduced, criminal liability
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
Faculty Publications
In the first issue of the Clinical Law Review, Peter Hoffman challenged clinical legal educators to produce clinical scholarship that is “practical in its orientation and design” and written so as to enhance the ability of lawyers to represent their clients and to help law students prepare for law practice. This article takes up Hoffman's challenge in the context of examining the skill of negotiating or plea bargaining from the perspective of the criminal defense lawyer. Before discussing the methods, approach or techniques that lawyers can use to enhance their ability to bargain effectively, it is critical to understand what …
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Faculty Publications
This article examines a difficult question in the representation of mentally impaired criminal defendants: should counsel be obligated to inform the court of doubts about a client's competency to stand trial even though doing so may be contrary to the client's wishes or best interests? Professor Rodney J. Uphoff analyzes authorities that impose such an obligation on defense lawyers, including an American Bar Association Criminal Justice Standard and a recent decision of the Wisconsin Supreme Court, State v. Johnson. Uphoff concludes that these authorities needlessly undercut the mentally impaired defendant's right to zealous representation. He proposes an alternative ethical model …