Thursday, May 15, 2014
Joshua Dressler (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted Rethinking Criminal Homicide Statutes: Giving Juries More Discretion on SSRN. Here is the abstract:
It may be time to rethink our homicide statutes. Current statutes are prone to distinguish between degrees of murder in an inappropriate way: first-degree murder provisions are too often both over- and under-inclusive; and they fail to give juries sufficient leeway to draw morally appropriate distinctions. I offer here some very tentative thoughts on how murder statutes might be reformulated.