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August 29, 2018

Hot topics from another blog ... and a research question

Though only this blog is required reading for this course, my other blogs, Sentencing Law & Policy and Marijuana Law, Policy & Reform, may often have posts of interest to you that may relate in various ways to topics we have covered in class.  For example, the Eighth Amendment Supreme Court cases we discussed briefly in class last week have led to lots of litigation in lower state and federal courts, and here are a few recent posts reporting on some of that litigation:

And a topic we will be discussing further on Friday, namely the criminal law's refusal to allow criminalizing bad thought alone, is explored in a recent law review article blogged here:

Please know you are NOT required or expected or even encouraged to read all the material linked here or at any of my blogs.  Rather, as I discussed in class, I am just ever eager to showcase how much is available to research, read and consider on all the topics we will encounter in our review of the basics of substantive criminal law.  Let your interests and energy determine whether to check out any of these materials.

Speaking of having interest or energy to research matters discussed in class, I have an (entirely optional) research challenge based somewhat on our on-going discussion of the Proctor case.  As we will discuss on Friday, the ruling in Proctor is somewhat unusual in that courts are often willing to uphold and apply statutes that criminalize seemingly "innocent" acts coupled with nefarious intent.  In fact, there are more than a few Ohio criminal statutes structured similarly to the statute deemed unconstitutional in Proctor.  I will showcase one of these Ohio criminal statutes in class on Friday as we wrap up our discussion of Proctor, but perhaps folks can do their own research to find Ohio examples and provide a cite in the comments.

August 29, 2018 in Course materials and schedule, Notable real cases | Permalink


2907.241 Loitering to engage in solicitation - solicitation after positive HIV test.

This section of the Ohio Revised Code makes the otherwise innocent acts of engaging/attempting to engage another in conversation or stopping/attempting to stop the operator of a vehicle illegal when those acts are coupled with the purpose to solicit another to engage in sexual activity for hire.

I think "purpose" in this code has the same effect as "intent" does in others.

Posted by: Meg Burrell | Aug 30, 2018 8:26:10 PM

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