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Full-Text Articles in Law
Justice, Mercy, And Craziness, Stephen J. Morse
Justice, Mercy, And Craziness, Stephen J. Morse
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No abstract provided.
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
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No abstract provided.
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
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Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
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No abstract provided.
Imputed Criminal Liability, Paul H. Robinson
Imputed Criminal Liability, Paul H. Robinson
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Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
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No abstract provided.