Abstract
The article discusses how the Court got little help from criminal law in resolving quintessential criminal law questions as shown in Dean v. U.S. and Flores-Figueroa v. U.S. It indicates the failure of legislatures to specify the mental states associated with objective elements that make courts turn to traditionally body of background principles to resolve this question. It suggests that an encounter with the criminal law doctrine in the context of particular cases promote a gradual refinement of doctrine and the just resolution of future cases.
Original language | English (US) |
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Pages (from-to) | 123-153 |
Number of pages | 31 |
Journal | Ohio State Journal of Criminal Law |
Volume | 8 |
Issue number | 1 |
State | Published - Oct 1 2010 |
Keywords
- Courts
- Criminal law
- Stress (Psychology)
- Actions & defenses (Law)
- Legislative bodies -- United States
- United States