Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow
State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.
Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith
Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith
Nevada Supreme Court Summaries
The holding of State v. Weddell is extended. Responding with deadly force to the commission of a felony per NRS § 200.160 is justified only when the person poses a threat of serious bodily injury. Short of such a threat, the amount of force used must be reasonable and necessary under the circumstances.
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Nevada Supreme Court Summaries
The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Scholarly Articles
None available.
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan
Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan
Lee N Gilgan
This study would add to available research regarding recidivism rates following incarceration in private prisons in contrast to incarceration in government-run prisons. This is a non-experimental meta-analysis viewing numerous studies discussing the effects of multiple covariants within public and private prisons. Based on the information and conclusion in these studies, we find that there is little overall consensus concerning the effects of increased privatization on recidivism. While many studies find certain aspects of privatization to have some potential effect on recidivism, there are many other aspects that either are out of scope or have a negative effect on recidivism. However, …
Johnson V. State Of Nevada, 131 Nev. Adv. Op. 58, Joseph Meissner
Johnson V. State Of Nevada, 131 Nev. Adv. Op. 58, Joseph Meissner
Nevada Supreme Court Summaries
The Court heard an appeal from a sentence and conviction following a jury trial of one count of conspiracy to commit robbery, two counts of robbery, and one count of battery with intent to commit a crime. Affirmed.
Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami
Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami
Nasiruddin Nezaami
In Afghanistan, overflow of court dockets and lengthy trials persist despite recent reforms effected through a new Criminal Procedure Code. The new Code has solved some of the problems that existed prior to its ratification; however, it has failed to establish adequate trial avoidance procedures. This problem is further compounded by the dissatisfaction of parties with trial outcomes. This article suggests that Afghanistan could address both issues by adopting a mechanism similar to German Absprachen as an appropriate case disposing procedure, enabling party consensus, helping courts decrease their dockets, and reducing the length of trials. This analysis is not only …
O'Connor's Firsts, Phyllis L. Crocker
O'Connor's Firsts, Phyllis L. Crocker
Akron Law Review
Chief Justice Maureen O’Connor will make her mark on the Ohio court system and on the laws of Ohio in many ways. She made two significant marks her first day as Chief Justice: she was the first woman elected to the position of Chief Justice in Ohio and in her swearing-in speech she called for review of the death penalty in Ohio.1 Both were meaningful to me personally and as a citizen of Ohio. I appreciated her acknowledging her place in history and her willingness to tackle, right from the beginning of her tenure, the important topic of the death …
New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon
Andrea D. Lyon
No abstract provided.
In Case Of Confession, Andrea Lyon
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman
NULR Online
No abstract provided.
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer
NULR Online
No abstract provided.
Race Matters In Jury Selection, Peter A. Joy
Cruelty In Criminal Law: Four Conceptions, Paulo Barrozo
Cruelty In Criminal Law: Four Conceptions, Paulo Barrozo
Paulo Barrozo
This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. No one should be neutral in relation to cruelty. Eminently, cruelty in criminal law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of …