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Articles 241 - 246 of 246
Full-Text Articles in Criminal Law
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Faculty Publications
No abstract provided.
Self-Defense In Colorado, H. Patrick Furman
Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer
Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt
Faculty Scholarship
Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …
The Other Dimension Of Law, Pierre Legendre
The Other Dimension Of Law, Pierre Legendre
Cardozo Law Review
What kind of a questioning would make it possible for psychoanalysis to become theoretically useful for jurists? How could such a questioning have an effect on the practice of law? In the same measure, is it theoretically plausible for psychoanalysts, attached as they are to their own casuistry, to interrogate the law? What must be recognized from the start, if this questioning is to be more than superficial, is that the intellectual and social dogmas of today are obstacles to the liberty of thought [esprit].
Intellectual Coherence In An Evidence Code, Paul F. Rothstein
Intellectual Coherence In An Evidence Code, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these areas. …