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1999

Criminal Law

Selected Works

Articles 1 - 14 of 14

Full-Text Articles in Law

2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon Jul 1999

2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon

Thomas D. Lyon

It is often stated that intervention on behalf of abused and neglected children is intended to protect the child rather than punish the parent.  This stance justifies a no-fault approach to child protection: If a child is being harmed and removal from the parents' custody is the only means to alleviate the harm, removal is justified. If reunification fails, regardless of whether the parent will not or cannot change, the termination of parental rights is justified. It matters not whether the parents acted to harm the child or failed to act to prevent harm. Nor does it matter whether the …

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Sex, Rape And Shame, Katharine K. Baker Jan 1999

Sex, Rape And Shame, Katharine K. Baker

Katharine K. Baker

This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …

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Victims As Cost Bearers, Richard Adelstein Dec 1998

Victims As Cost Bearers, Richard Adelstein

Richard Adelstein

A brief recasting of the price exaction model.

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Criminal Trials Of Co-Defendants: The United States Supreme Court Clarifies The Rules, Judith Ritter Dec 1998

Criminal Trials Of Co-Defendants: The United States Supreme Court Clarifies The Rules, Judith Ritter

Judith L Ritter

No abstract provided.

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Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni Dec 1998

Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

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The Origins Of Property And The Powers Of Government, Richard Adelstein Dec 1998

The Origins Of Property And The Powers Of Government, Richard Adelstein

Richard Adelstein

The alternating influence of Locke and Bentham in American constitutional law.

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Pimps And Predators On The Internet, Donna M. Hughes Dr. Dec 1998

Pimps And Predators On The Internet, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

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U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown Dec 1998

U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown

Bartram Brown

No abstract provided.

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Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power Dec 1998

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.

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5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz Dec 1998

5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz

Thomas D. Lyon

Two studies examined I92 maltreated young children's competence to take the oath.  Study I found that despite serious delays in receptive vocabulary, a majority of 5-year-olds correctly identified truthful statements and lies as such and recognized that lying is bad and would make authority figures mad. However, most participants up to 7 years of age could not define "truth" and "lie" or explain the difference between the terms. Four-year-olds were above chance in recognizing the immorality of lying but exhibited a tendency to identify all statements as the "truth. " Study 2 found that 4- and 5-year-olds performed above chance …

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4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon Dec 1998

4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon

Thomas D. Lyon

The new wave in children's suggestibility research consists of a prestigious group of researchers in developmental psychology who argue that children are highly vulnerable to suggestive interviewing techniques. Because of its scientific credentials, its moderate tone, and its impressive body of research, the new wave presents a serious challenge to those who have claimed that children are unlikely to allege sexual abuse falsely. Although we can learn much from the research, concerns over society's ability to detect abuse motivate three criticisms. First, the new-wave researchers assume that highly suggestive interviewing techniques are the norm in abuse investigations, despite little empirical …

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Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee Dec 1998

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.

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Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel Dec 1998

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.

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Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins Dec 1998

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins

Ira P. Robbins

INTRODUCTION:

Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …

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