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Academic Journals
- 447
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From:American Criminal Law Review (Vol. 56, Issue 1)In 2017, a Massachusetts court convicted Michelle Carter of manslaughter for encouraging the suicide of Conrad Roy by text message, but imposed a sentence of only fifteen months. The conviction was unprecedented in...
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From:American Criminal Law Review (Vol. 36, Issue 1)I. INTRODUCTION Although the idea of entrapment may have existed since biblical times,(1) courts and commentators continue to differ over basic issues regarding the entrapment defense. Today, questions remain...
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From:California Legal HistoryPeer-ReviewedINTRODUCTION A student could learn much about cultural history by studying doctrines of criminal liability. As the United States Supreme Court has observed, the law mirrors evolving societal values. "The doctrines of...
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From:Albion (Vol. 36, Issue 1) Peer-ReviewedOver a century ago, the pioneer English historian of law F. W. Maitland observed that "If some fairy gave me the power of seeing a scene of one and the same kind in every age of history of every race, the kind of scene...
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From:Ivey Business Journal (Vol. 66, Issue 3)
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From:Michigan Law Review (Vol. 93, Issue 2) Peer-ReviewedHate crime statutes that focus on the racial animus of the defendant are better than discriminatory selection statutes because it is the motivation to commit a crime against the member of particular community and not the...
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From:Human EcologyPeer-ReviewedErin Leitman Scott '93 (Human Development) has devoted much of her career and volunteer activities to improving the lives and well-being of others, from prosecuting crimes against children to raising awareness about...
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From:Vanderbilt Journal of Transnational Law (Vol. 47, Issue 2)C. Market Stability Beyond a state effort to protect property from private theft and government corruption, the PRC government has used criminal law to target a broader array of activities that are detrimental to...
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From:Kutafin University Law Review (Vol. 2, Issue 2) Peer-ReviewedThe article is devoted to the issues of implementation of international humanitarian law provisions into Russian criminal law. The article provides an outline of key problems presented in the provisions of the General...
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From:Fordham Urban Law Journal (Vol. 29, Issue 6)INTRODUCTION When choosing a legal field in which to practice, a lawyer may try to reconcile his religious and professional obligations. (1) This Comment argues that being a criminal defense lawyer is an impractical...
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From:Journal of Criminal Law and Criminology (Vol. 85, Issue 2) Peer-ReviewedA survey of recent books on criminal law and criminology covers 21 books published in 1994. The books are listed by subject classification, and an abstract is included for each entry. The subjects include community...
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From:Michigan Law Review (Vol. 95, Issue 8) Peer-ReviewedDeterrence theory is discussed within the context of economics and sociology. The strengths and weaknesses of the two fields are meshed to create a new paradigm through which deterrence theory can be understood....
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From:Michigan Law Review (Vol. 96, Issue 1) Peer-ReviewedThe mistake of law doctrine operates to correct the chronic lack of cohesion between morality and criminal law by encouraging behavior which conforms with social morality. This non-positivist-Holmesian view explains why...
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From:ABA Journal (Vol. 101, Issue 7)American criminal statutes, both state and federal, use various wordings to prohibit certain conduct and to impose punishments. It is therefore natural for the legislative drafter to be concerned with knowing what the...
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From:Policy Studies Journal (Vol. 29, Issue 4) Peer-ReviewedStudies of criminal deterrence usually show an effect of certainty of punishment but often fail to find an effect of the severity. This is a serious threat to the theoretical underpinnings of deterrence theory. Through...
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From:Jones Law Review (Vol. 8, Issue 1) Peer-ReviewedINTRODUCTION In every sense--other than the strictly legal sense--there can be little doubt that Ralph Lynn Key caused the death of Brian Rollo. However, because Brian Rollo survived in a persistent vegetative state...
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From:Risk ManagementPeer-ReviewedThere has been an ongoing legal battle occurring on the margins of society ever since an innocuous statute buried deep in early U.S. law was uncovered by human rights advocates nearly three decades years ago. Their...
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From:Michigan Law Review (Vol. 104, Issue 1) Peer-ReviewedI. INTRODUCTION Everyone suspects that Supreme Court justices' own views of policy play a part in their decisions, but the size and nature of the part is a matter of vague impression and frequent dispute. Do their...
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From:Canadian Woman Studies (Vol. 19, Issue 1-2) Peer-ReviewedThis article relates court cases where the argument of provocation is used by the defense to both justify the murderer who kills his wife and minimize his sentence. Canadian criminal law accepts provocation as defense...