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Full-Text Articles in Law
Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates , Michelle J. Anderson
Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates , Michelle J. Anderson
Working Paper Series
Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a marriage, she is giving her ongoing consent to sexual intercourse. Professor Michelle Anderson argues that states must abolish this immunity to make the law formally neutral on the marital status of the parties. However, Professor Anderson argues, such formal neutrality is insufficient. The ideology of ongoing consent underlying the marital rape immunity has infected the way the legal system treats sexual offenses among intimates who are not …
The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb
The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb
Rutgers Law School (Newark) Faculty Papers
This piece discusses the case of Andrea Yates, the woman who confessed to drowning her five children to death and was subsequently convicted of murder (though the conviction has since been overturned). In this piece, Colb contends that Andrea Yates was convicted because of the jurors’ emotional/psychological response to the possibility that post-partum psychosis could cause an otherwise decent person to commit such brutal acts. As a symptom of denial, Colb argues, the jury rejected the insanity defense and thereby reassured itself that only evil people could do what Yates did. If that were the case, then it would be …
The Real-World Shift In Criminal Procedure, Stephanos Bibas
The Real-World Shift In Criminal Procedure, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
All Faculty Scholarship
No abstract provided.