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Articles 1 - 10 of 10

Full-Text Articles in Law

A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek Apr 2017

A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek

South Carolina Law Review

No abstract provided.


To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate Apr 2017

To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate

South Carolina Law Review

No abstract provided.


Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle Apr 2017

Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle

South Carolina Law Review

No abstract provided.


A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne Apr 2017

A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne

South Carolina Law Review

No abstract provided.


Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein Apr 2017

Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein

South Carolina Law Review

No abstract provided.


Coram Nobis And State V. Stinney: Why South Carolina Should Revitalized America's Legal Hail Mary, Kathleen M. Bure Apr 2017

Coram Nobis And State V. Stinney: Why South Carolina Should Revitalized America's Legal Hail Mary, Kathleen M. Bure

South Carolina Law Review

No abstract provided.


Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross Apr 2017

Land Of The Free, Home Of The Slave: Human Trafficking Legislation In South Carolina, Caroline A. Ross

South Carolina Law Review

No abstract provided.


Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg Feb 2017

Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg

Roni M Rosenberg

The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction -- subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant …


Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan Jan 2017

Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The U.S. Supreme Court’s landmark case of Miranda v. Arizona created a culture in which police officers regularly warn arrestees that they have a right to remain silent, that anything they say can and will be used against them in a court of law, that they have the right to an attorney, and that if they cannot afford one, an attorney will be appointed to them. These Miranda warnings have a number of possible effects. The warnings are meant to inform suspects about negative consequences associated with speaking to the police without the assistance of counsel. In this sense they …


Tracing The Roots Of The Criminalization Of Poverty [Reviews], Wendy A. Bach Jan 2017

Tracing The Roots Of The Criminalization Of Poverty [Reviews], Wendy A. Bach

Scholarly Works

No abstract provided.