No: the remedy lies in state court
Article Abstract:
Judge David Lanier's forcing oral sex on a female litigant in his chambers was certainly vile, but did not constitute a criminal deprivation of constitutional rights under 18 U.S.C. 242. Sexual assault and battery is a crime but not by itself a constitutional violation. Lanier can be punished by state tort claims. Women's groups should use the case as a vehicle for the prosecution of sex crimes, not for greater government liability.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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No: grandstanding does not offer a solution
Article Abstract:
Domestic violence must be prosecuted but requiring abused wives to testify goes too far. Laws in most states address the real problem in this issue, the refusal of the victim to press charges, by permitting arrest and prosecution without a signed complaint from the victim. Such a policy balances the interests of the victim and the community and allows law enforcement to distinguish between criminal assault and a family argument.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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Yes: it's time to declare war on spouse abuse
Article Abstract:
Domestic violence must be prosecuted even if this requires women to testify against their will. Successful prosecutions are difficult when the major witness does not wish to participate, but the chances can be increased with adequate support services. Domestic violence often results in generational strife in addition to its effects on the immediate participants.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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- Abstracts: No coattails; the Rodney King tape hasn't made it easier to sue for police brutality. Lawmaking by amateurs: initiatives drafted by kitchen-table legislators can have perverse results
- Abstracts: Court decides gambling case in states' favor. Rehnquist Court is still hard to read on searches
- Abstracts: HUD to HUD; three real estate closing programs battle it out to be the best. Production refined
- Abstracts: The re-emergence of real estate as an important investment asset. Life insurers and the "run on the insurer" exposure
- Abstracts: Part-timer refused leave to resuscitate claim. Redundancy selection was on ground of union activities. No joint liability under transfer regulations