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Criminal Law Commons

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Full-Text Articles in Criminal Law

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Oct 2011

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

R. Michael Cassidy

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider their spousal privilege …


Conceptualizing The Law From A Gender Perspective: Conceptions Regarding Victim And Accused, Gladys Acosta Vargas Feb 2011

Conceptualizing The Law From A Gender Perspective: Conceptions Regarding Victim And Accused, Gladys Acosta Vargas

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The "Youngest Profession": Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead Dec 2010

The "Youngest Profession": Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead

Tamar R Birckhead

Although precise estimates do not exist, the data suggests that the number of children believed to be at risk for commercial sexual exploitation in the United States is between 200,000 and 300,000 and that the average age of entry is between eleven and fourteen, with some as young as nine. The number of prostituted children who are criminally prosecuted for these acts is equally difficult to estimate. In 2008—the most recent year for which data is available—approximately 1500 youth under age eighteen were reported to the Federal Bureau of Investigation as having been arrested within United States borders for prostitution …