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Articles 181 - 187 of 187
Full-Text Articles in Sexuality and the Law
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Michigan Law Review
Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …
The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review
The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review
Michigan Law Review
The laws of forty-three states and the District of Columbia impose criminal penalties on consenting adults who engage in private homosexual conduct. Most of these laws are sodomy statutes, which also prohibit oral and anal intercourse between heterosexuals and sexual acts with animals. Two states have statutes explicitly limited to homosexual conduct. These statutes also prohibit nonconsensual homosexual activity and homosexual acts involving a minor, but this Note addresses only prohibitions on private consensual adult homosexual conduct.
Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers
Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers
Michigan Law Review
Hernandez represents the first positive judicial step toward changing the irrational rules which currently control the crime of statutory rape, and its import should furnish a touchstone for the future development of the law of all sex crimes. In the brief period since the Hernandez decision was handed down it has been reaffirmed by its authors, and the legislatures in two other states have enacted statutes which embrace its sound reasoning. However, at least one state has evidenced an intent to follow the traditional judicial approach of imposing strict liability, notwithstanding the defendant's reasonable mistake with respect to the true …
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Michigan Law Review
Defendant was convicted of two counts of sodomy by a general court martial. The alleged victims of the defendant had failed to complain immediately following the incidents, and evidence of such failure on the part of one of the witnesses had been admitted at trial. A Navy board of review affirmed the conviction, modifying the sentence. Defendant appealed to the United States Court of Military Appeals on the ground that it had been prejudicial error for the law officer to refuse to give a proffered instruction to the court-martial panel respecting the victim's failure to make fresh complaints. On appeal, …
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Michigan Law Review
In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Michigan Law Review
Defendant was convicted of statutory rape on the strength of complaining witness' uncorroborated testimony. Testimony of the prosecutrix was to the effect that she had had sexual relations with defendant only once, that she had become pregnant and had given birth to a child prior to the trial, and that she had had sexual relations with no other men. Defendant moved for an order requiring that blood tests be taken of the child and the mother. The motion was denied. On appeal, held, affirmed. Assuming power, absent statute, to compel the taking of blood-grouping tests, the trial court did …
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …