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Mitchell Hamline School of Law
Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward
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Mens Rea In Minnesota And The Model Penal Code, Ted Sampsell-Jones
Mens Rea In Minnesota And The Model Penal Code, Ted Sampsell-Jones
Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward
When Minnesota engaged in the great reform and recodification effort that led to the Criminal Code of 1963, it was part of a nationwide reform movement. That movement was spurred in large part by the American Law Institute and its Model Penal Code. The Minnesota drafters were influenced by the MPC, and at least in some areas, adopted MPC recommendations.
The MPC’s most significant innovation was in the law of mens rea—the body of law concerning the mental state or “guilty mind” necessary for criminal liability. The MPC drafters recognized that the common law of mens rea was fundamentally incoherent …
Re-Thinking Minnesota's Criminal Justice Response To Sexual Violence Using A Prevention Lens, Caroline Palmer, Bradley Prowant
Re-Thinking Minnesota's Criminal Justice Response To Sexual Violence Using A Prevention Lens, Caroline Palmer, Bradley Prowant
Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward
Sexual violence is one of the most difficult issues we face in the human condition. Even with the many strides that have occurred in recent years to support a victim-centered response, survivors who seek help from the legal, medical and mental health systems, among others still “may face disbelief, blame, and refusals of help instead of assistance.” It is a problem that demands a response from all levels of society. And yet this response is lacking.
The key question we as a society confront is what changes will satisfactorily balance justice for victims with offender accountability, attempts at rehabilitation through …
Escape From The Twilight Zone: Minnesota’S Definitions Of “Substantial Bodily Harm” And “Great Bodily Harm” Leave Too Much Room For Injustice, And They Can Be Improved, Joshua Larson
Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward
The article first will discuss the current assault-statute regime in Minnesota and its origin and development. Then, the article will identify appellate decisions that have examined the concepts of bodily harm, substantial bodily harm, and great bodily harm. Following this, the article will describe the Wisconsin assault-statute regime. Lastly, the article will propose how Minnesota should improve.