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Over his prolific career, Joshua Dressler has authored many important works devoted to criminal defenses. Among those is one of the most nuanced and compelling accounts of the defense of duress developed in his Exegesis of the Law of Duress: Justifying the Excuse and Searching for Its Proper Limits1 and other articles.2 Today, these works are classics, and yet, as is so typical of Dressler’s scholarship, they have not lost their provocative appeal. Like when they were..
For the crime of rape, a false belief that the other party was consenting should provide a complete defense1 only if the belief is reasonable. This is a common view, one I defended years ago2 and hold without hesitation. I won’t be defending it in this paper. Just what should count as a reasonable belief is a further question, and the tendency seems to be one of excessive generosity. At least that is my experience: I almost never come across a sexual assault case...
Stop me if you’ve heard this one.Police interrogators are not able to tell whether a suspect is lying or telling the
truth by his demeanor and tone of voice. Studies show that the ability of police to be a “human lie detector” is little better than flipping a coin. Eyewitness identifications are often wrong. We do not know how often, but
we do know that of the 350 or so cases exonerated by DNA that appear on the Cardozo Innocence Project web site, over 70% included...
In July 2017, the New York Times reported that Three Square Market, a Wisconsin-based technology company, was asking its employees to have a microchip “the size of a grain of rice injected between their thumb and index finger.”1 Responding to privacy concerns raised by the media, the Chief Executive Officer of Three Square Market made clear that the chip is simply a reader like a swipe card. With an implanted microchip, “any task involving RFID technology— swiping...
Prior volumes of the Ohio State Criminal Law Journal can be viewed here.