Sobering thoughts: legislatures and courts increasingly are just saying no to intoxication as a defense or mitigating factor
Article Abstract:
The so-called intoxication criminal defense is being fought by state legislatures, courts and victim advocacy groups. The consideration of intoxication as a mitigating factor in sentencing is also under attack. The US Supreme Court's 1996 Egelhoff decision, allowing states to prohibit jury consideration of intoxication in determining intent, has paved the way for this trend. Montana, Indiana, Florida, Missouri and other states have moved to strengthen their laws so as to prevent intoxication from being used as an excuse to escape responsibility.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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Confidence boost: study shows police conduct can convince eyewitnesses that they identified the right suspect
Article Abstract:
Mistaken criminal line-up identifications can result when eyewitnesses respond to subtle conduct and cues by police during the line-ups. Iowa psych professor Gary Wells conducted an experiment on photo line-ups which concluded eyewitness identifications may be influenced by the reactions of police present with the eyewitness. Wells suggests identifications should be videotaped and investigating police should avoid involvement in photo line-ups.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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Targeting the Second: D.C.-based actions and a circuit split may press high court to take up gun issues
Article Abstract:
The US Court of Appeals for the 5th Circuit recently became the first federal court to rule that the 2d Amendment to the Constitution protects the rights of individual gun owners. This has motivated several motions in District of Columbia cases to dismiss gun charges added to felony charges. The circuit split and the D.C. cases may eventually force the US Supreme Court to decide on the 2d Amendment issue.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2003
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