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Criminal Law

University of Nevada, Las Vegas -- William S. Boyd School of Law

Series

Racism

Articles 1 - 2 of 2

Full-Text Articles in Law

Summary Of Conner V. State Of Nevada, 130 Nev. Adv. Op. 49, Kelsey Bernstein Jun 2014

Summary Of Conner V. State Of Nevada, 130 Nev. Adv. Op. 49, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined three issues: 1) whether, despite there being sufficient evidence to sustain a conviction, the conviction may stand where the State engages in discriminatory jury selection; 2) how a convicted defendant may sufficiently demonstrate that it is more likely than not that the State engaged in purposeful discrimination; and 3) the responsibilities of the district court when ruling on a Batson objection.


Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse Jan 1998

Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse

Scholarly Works

This article chronicles the Burger Court's inability to fashion a suitable remedy for racism in the discretionary system of capital sentencing. The article discusses the Court's initial response, “remedial paralysis,” which is evident, not only in McGautha v. California, where the Court refused to find that the Due Process Clause was violated by standardless death sentencing, but also in Furman v. Georgia, where the Court decided to abolish the death penalty. The article further explores the Court's reinstatement of the death penalty, and two of the Court's forays into “bad faith” denial that sustained the death penalty, particularly the Court's …