Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 4 of 4
Full-Text Articles in Law
Revenge Of The Sixth: The Constitutional Reckoning Of Pandemic Justice, Brandon Marc Draper
Revenge Of The Sixth: The Constitutional Reckoning Of Pandemic Justice, Brandon Marc Draper
Marquette Law Review
The Sixth Amendment’s criminal jury right is integral to the United States
criminal justice system. While this right is also implicated by the Due Process
Clause, Equal Protection Clause, and several federal and state statutes,
criminal jury trial rates have been declining for decades, down from
approximately 20% to 2% between 1988 to 2018. This dramatic drop in the
rate of criminal jury trials is an effective measure of the decreased access to
fair and constitutional criminal jury trials.
Mens Rea In Comparative Perspective
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …
Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey
Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey
Marquette Law Review
none
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
Marquette Law Review
None