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Full-Text Articles in Law
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Charles W. Ehrhardt
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Charles W. Ehrhardt
Scholarly Publications
Child sexual abuse prosecutions involve difficult societal issues as well as complex evidentiary and constitutional problems. The abusive act frequently occurs in private upon a young victim who proves an unpersuasive witness during a subsequent trial. Often only two eye witnesses exist, the victim and the accused, thus making the victim's credibility a critical issue. Because of the nature of these prosecutions, there has been a special focus on the principles regulating the admissibility of evidence in child abuse cases. Balancing the due process and constitutional rights of the accused against the interests of both the child and society in …
Sexual Abuse Against Women In Prison, Brenda V. Smith
Sexual Abuse Against Women In Prison, Brenda V. Smith
Project on Addressing Prison Rape - Articles
One of the by-products of the influx of women into correctional settings has been the emergence of sexual misconduct against women in prison as a major issue for corrections officials and attorneys who represent women. This article advocates for laws criminalizing sexual abuse of women inmates, as well as training to prevent such abuse.
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
Law Faculty Publications
The fundamental premise of this commentary is that the ALl has erred in not including appropriate nonfinancial fault-based factors in the Principles for three major reasons: 1) other no-fault laws, including no-fault automobile insurance law, no-fault workers compensation law, and strict liability in tort law, have all incorporated a number of fault-based exceptions to their general no-fault framework for serious or egregious conduct, and American divorce law should likewise have a similar fault-based exception for serious or egregious marital misconduct; 2) a substantial number of states continue to recognize and utilize a number of fault-based statutory factors in divorce for …