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Full-Text Articles in Law
Mandatory Sentences As Strict Liability, William W. Berry Iii
Mandatory Sentences As Strict Liability, William W. Berry Iii
Washington and Lee Law Review
Strict liability crimes—crimes that do not require a criminal intent—are outliers in the world of criminal law. Disregarding criminal intent risks treating the blameworthy the same as the blameless.
In a different galaxy far, far away, mandatory sentences—sentences automatically imposed upon a criminal conviction—are unconstitutional in certain contexts for the exact same reason. Mandatory death sentences risk treating those who do not deserve death the same as those that might.
Two completely separate contexts, two parallel rules of law. Yet courts and commentators have failed to see the similarities between these two worlds, leaving an analytical black hole. Indeed, equity …
Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule, Raychel Teasdale
Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule, Raychel Teasdale
Loyola of Los Angeles Law Review
In 2018, the California legislature passed S.B. 1437 to narrow California’s felony murder rule and theoretically apply the rule only to those with the greatest culpability in a murder. However, whether intentionally or negligently, the law leaves room to disproportionally and unjustly affect adolescents by charging those with “reckless indifference” with first-degree murder. Imbedded in psychology and neuroscience research is the conclusion that adolescent brain structure and function are still rapidly developing. As a result, adolescents are less able to weigh the risks of their actions, resist peer pressure, regulate their emotions, and control their impulses. Therefore, this Note argues …
Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein
Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein
South Carolina Law Review
No abstract provided.
Murder Felony Is Felony Murder: How The Nevada Supreme Court's Decision In Nay V. State Reflects The Growing Misconception Surrounding "Afterthought" Robbery, Joshua P. Gilmore
Murder Felony Is Felony Murder: How The Nevada Supreme Court's Decision In Nay V. State Reflects The Growing Misconception Surrounding "Afterthought" Robbery, Joshua P. Gilmore
Nevada Law Journal
No abstract provided.