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Full-Text Articles in Law
Victims And Witnesses: New Concerns In The Criminal Justice System, Roger J. Miner '56
Victims And Witnesses: New Concerns In The Criminal Justice System, Roger J. Miner '56
Criminal Law
No abstract provided.
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Law Faculty Scholarly Articles
Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.
The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin
The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The guilty but mentally ill verdict has received increasing attention. Several states had already passed or were seriously considering legislation establishing a guilty but mentally ill verdict before John Hinckley's 1982 acquittal vaulted the idea into national prominence. Today at least twelve states have adopted some version of the verdict and perhaps twenty others have considered or are considering similar statutes.
Yet despite the popularity of the guilty but mentally ill scheme, the American Bar Association's Criminal Justice Mental Health Standards, the American Psychiatric Association Statement on the Insanity Defense,' and the National Mental Health Association's Commission on the Insanity …
A Transaction Theory Of Crime?, George P. Fletcher
A Transaction Theory Of Crime?, George P. Fletcher
Faculty Scholarship
The most difficult questions are foundational. It is no surprise then that one of the most puzzling questions in criminal law frames the whole inquiry: what is the nature of crime? Positivists dispose of the question easily. If the law is whatever the legislature and courts say it is, then crime is whatever these authoritative agencies designate as crime. The question becomes more interesting, however, if we regard crime as a prepositive concept, a concept that exists logically prior to the positive law. It is not that conduct is criminal because the legislature speaks; rather the legislature speaks because conduct …
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
All Faculty Scholarship
One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice. These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions. It is this process of theoretical refinement and translation that is the topic of this article. Can good theory generate results that approximate our collective sense of justice? Can the theoretical refinements be translated into workable …
The Wrongs Of Victim's Rights, Lynne N. Henderson
The Wrongs Of Victim's Rights, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall
Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.