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Full-Text Articles in Law

Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill Jan 2017

Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill

Kentucky Law Journal

The foundational elements of criminal law, actus reus and mens rea, are vague, imprecise, and indeterminate categories that are based on outdated notions about human behavior. These confused categories affect not only what legally constitutes choice, volition, and intent, but also the defendant's ability to present evidence (since the categories define the evidence that will be admissible), and ultimately, criminal liability. In this Article we explain how neuroscience allows us to reconsider these legal concepts and conceive a more informed view of human behavior (and therefore criminal liabilty). The Article explains how distortions in brain function affect the way …


Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid Jan 2015

Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid

Kentucky Law Journal

No abstract provided.


Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek Jan 2015

Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek

Kentucky Law Journal

The "equal punishment for the same crime" principle is generally agreed upon--yet its implementation differs radically depending on whether the punishment is measured purely in nominal terms or whether the subjective perspective of the punishee is accounted for. This is simply because different people may experience the same punishment with differing intensity.

Legal scholars have recently proposed that improvements in scientific knowledge and advancements in technologies (such as Functional magnetic resonance imaging), which allow us to measure subjective perceptions and feelings, need to be and should be incorporated in our penal systems. This would facilitate calibrating the punishment not only …


The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church Jan 2015

The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church

Kentucky Law Journal

No abstract provided.


Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson Jan 2014

Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson

Kentucky Law Journal

No abstract provided.


Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case Jan 2014

Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case

Kentucky Law Journal

No abstract provided.


Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer Jan 2014

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer

Kentucky Law Journal

No abstract provided.


Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman Jan 2014

Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman

Kentucky Law Journal

No abstract provided.


Transforming Domestic Violence Representation, Jane K. Stoever Jan 2013

Transforming Domestic Violence Representation, Jane K. Stoever

Kentucky Law Journal

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …


Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver Jan 2013

Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.


White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan Jan 2013

White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Kentucky Law Journal

No abstract provided.


The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright Jan 2013

The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright

Kentucky Law Journal

No abstract provided.


"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey Jan 2012

"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey

Kentucky Law Journal

No abstract provided.


Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing Jan 2012

Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing

Kentucky Law Journal

No abstract provided.


Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook Jan 2012

Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook

Kentucky Law Journal

No abstract provided.


Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant Jan 2011

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.


The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear Jan 2010

The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear

Kentucky Law Journal

No abstract provided.


Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb Jan 2009

Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb

Kentucky Law Journal

No abstract provided.


The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller Jan 2009

The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller

Kentucky Law Journal

No abstract provided.


Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2009

Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Fencing In The Frontier: A Look Into The Limits Of Mail Fraud, Kristen Kate Orr Jan 2007

Fencing In The Frontier: A Look Into The Limits Of Mail Fraud, Kristen Kate Orr

Kentucky Law Journal

No abstract provided.


Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson Jan 2006

Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark Jan 2005

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.


Crimes And Defenses Of Rodion Raskolnikov, Vera Bergelson Jan 1997

Crimes And Defenses Of Rodion Raskolnikov, Vera Bergelson

Kentucky Law Journal

No abstract provided.


Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore Jan 1997

Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore

Kentucky Law Journal

No abstract provided.


The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland Jan 1997

The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland

Kentucky Law Journal

No abstract provided.


The Hobbs Act: Maintaining The Distinction Between A Bribe And A Gift, Medrith Lee Hager Jan 1994

The Hobbs Act: Maintaining The Distinction Between A Bribe And A Gift, Medrith Lee Hager

Kentucky Law Journal

No abstract provided.


Would I Lie To You? The Sixth Circuit Joins The "Exculpatory No" Controversy In United States V. Steele, Sandra L. Turner Jan 1992

Would I Lie To You? The Sixth Circuit Joins The "Exculpatory No" Controversy In United States V. Steele, Sandra L. Turner

Kentucky Law Journal

No abstract provided.


Self-Defense In Kentucky--A Need For Clarification Or Revision, William S. Cooper, Robert G. Lawson Jan 1987

Self-Defense In Kentucky--A Need For Clarification Or Revision, William S. Cooper, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Criminal Law, Linda K. West Jan 1985

Kentucky Law Survey: Criminal Law, Linda K. West

Kentucky Law Journal

No abstract provided.