194 research outputs found

    Ohio\u27s New Rape Law: Does It Protect Complainant At the Expense of the Rights of the Accused?

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    WITH THE ENACTMENT of Am. Sub. S.B. 144,1 Ohio has now joined the small group of states\u27 that are revising their rape laws in measures significant enough to indicate that a trend may be underway. Ohio\u27s new law is designed to protect victims of sex offenses: it contains major provisions affecting (1) the definition of rape itself; (2) new services for victims; (3) record suppression; (4) evidence rules; and (5) sentencing for certain offenders. The new law attempts to secure complainants\u27 rights to privacy and equal protection together with defendants\u27 rights to a fair trial and due process; however, the law may after all satisfy no one completely, and some of it is almost certain to undergo vigorous constitutional attacks

    The Involuntary Confession and the Right to Due Process: Is a Criminal Defendant Better Protected in the Federal Courts Than in Ohio?

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    OHIO CIVIL LIBERTARIANS have long claimed that a criminal defendant is likely to have his due process rights better protected in the federal courts than in Ohio courts. One measure of that protection is how the courts respond when a defendant alleges that his confession was involuntary and thus not properly admissible as evidence at his trial. The central issue then is whether the Ohio courts have kept as much in step with the United States Supreme Court as have the federal courts in their revisions of what is the proper test of voluntariness of a confession

    The Nonmarital Sexual Conduct of Custodial Mothers: A Study of California\u27s Precarious Parental Rights

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    Mothers of minor children engage in sexual conduct with men to whom they are not married. That is no longer a shocking truth. Nonetheless, those mothers continue to live with a Damocles sword hanging over their heads. Their sexual conduct can still cause them to lose their children, even in these supposedly liberated times in the state of California. This Article surveys the cases in which the most commonly used ambiguous statutes together with secure judicial discretion have been brought to bear on custodial mothers who either by choice or by economic necessity do not live conventional middleclass lives. The survey shows that, in general, poor women stand to lose more than middle-class women, but in some respects it is more difficult for the poor to lose. Fourteenth amendment due process protections inhibit the authorities who seek total, irrevocable termination of parental rights; discretion aids the vindictive, monied ex-husband who seeks only transfer of custody, which gets managed far more simply on the premise that a later modification will always be available if another transfer becomes appropriate

    Abortion; Parental Consent; Minors\u27 Rights to Due Process, Equal Protection and Privacy; State v. Koome

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    The Washington court had before it a physician appealing his conviction for performing an abortion on an unmarried 16-year-old woman, a ward of the King County Juvenile Court, which had given its consent to the abortion. However, the young woman\u27s parents and the Catholic Children\u27s Services, her temporary guardian, both opposed the abortion and were granted a stay of the abortion order pending review by the state supreme court. During the stay, Dr. Koome performed the abortion. The supreme court held that the Washington consent statute too broadly encumbers the right of unmarried minor women to choose to terminate pregnancy, and unjustifiably discriminates between similarly situated groups of women in terms of their right to obtain a legal abortio

    The Nonmarital Sexual Conduct of Custodial Mothers: A Study of California\u27s Precarious Parental Rights

    Get PDF
    Mothers of minor children engage in sexual conduct with men to whom they are not married. That is no longer a shocking truth. Nonetheless, those mothers continue to live with a Damocles sword hanging over their heads. Their sexual conduct can still cause them to lose their children, even in these supposedly liberated times in the state of California. This Article surveys the cases in which the most commonly used ambiguous statutes together with secure judicial discretion have been brought to bear on custodial mothers who either by choice or by economic necessity do not live conventional middleclass lives. The survey shows that, in general, poor women stand to lose more than middle-class women, but in some respects it is more difficult for the poor to lose. Fourteenth amendment due process protections inhibit the authorities who seek total, irrevocable termination of parental rights; discretion aids the vindictive, monied ex-husband who seeks only transfer of custody, which gets managed far more simply on the premise that a later modification will always be available if another transfer becomes appropriate

    Barbara Gauthier

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    Barbara Gauthier is a retired school food service director originally from Thibodaux, Louisiana. After graduating from LSU with a degree in Hospital Dietetics and Institutional Management and working briefly in industry, Gauthier took her first job in school food service in East Baton Rouge Parish. After working for several years and in multiple positions in East Baton Rouge, Gauthier moved on to Lafourche Parish as a food service director in her native Thibodaux. Here in Lafourche Parish Gauthier introduced the Breakfast Program, as well as introducing centralized menu planning and purchasing. At retirement Gauthier left the district with a $5 million surplus in their school nutrition programs.https://egrove.olemiss.edu/icn_ohistories/1090/thumbnail.jp

    Barbara Songy

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    Barbara Songy is a native of London, England, but has spent many more years in Louisiana feeding that state’s children than she ever spent in the United Kingdom. Barbara came to the United States as a war bride, having met and married a Louisiana airman during World War II. Displeased with what her first child was being served for lunch, she set about not only improving the menu, she raised the funds to build a new cafeteria. When the person who was supposed to manage the new cafeteria suddenly had to resign she agreed to take on the job temporarily. She retired fifty-five years later.https://egrove.olemiss.edu/icn_ohistories/1000/thumbnail.jp

    Barbara Cole

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    An Arkansas native, Barbara Cole has worked in child nutrition for the Arkansas School for the Blind and Visually Impaired for forty-one years. She was also a longtime member of the National Advisory Committee of the National Food Service Management Institute/Institute of Child Nutrition.https://egrove.olemiss.edu/icn_ohistories/1035/thumbnail.jp
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