Law Commons^™

Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram

Mitchell Hamline Law Journal of Public Policy and Practice

The War on Drugs refers to a situation in which all the processes of production, distribution, and consumption of all illegal drugs are prohibited. This ambitious goal has imposed considerable costs on societies. The war has weaponized harsher punishments such as life imprisonment, execution, and long-term incarceration against drug offenders. Nonviolent offenders, those who possessed illegal drugs, have been easy targets for governments to show that the war is still ongoing. Although some countries became pioneers in changing the laws to end this costly war, Iran and the United States have made their stance on the drug issue clear, and …

Minnesota Statutes Section 243.166 Subdivision 1(B) Has Got To Go: Why Requiring Predatory Offender Registration Based On A Charge As Opposed To A Conviction Violates Procedural Due Process, Alison Baker Faul

Mitchell Hamline Law Review

No abstract provided.

The Runaway Jury Of Joaquín 'El Chapo' Guzmán; Or Dishonesty Only Our Justice System Could Ratify, Sean Roman Strockyj

Mitchell Hamline Law Review

No abstract provided.

Limiting A Driver’S Limited Right To Counsel In Dwi Proceedings: State V. Rosenbush, 931 N.W.2d 91 (Minn. 2019), Lisa Perunovich

Mitchell Hamline Law Review

No abstract provided.

Minnesota's Rape Shield Law: A Sword For Prosecutors; A Blow To Defendants' Constitutional Rights, Christina Zauhar, Trent Jonas

Mitchell Hamline Law Review

No abstract provided.

One Mistake Does Not Define You: Why First-Time Felony Drug Convictions Should Be Automatically Expunged After Five Years, Kaylynn Johnson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Felon Voting: The Call For An Australian Compromise, Kevin Lineberger

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich

Mitchell Hamline Law Review

No abstract provided.

Raising The Cost Of Using Title Iii Wiretap Evidence, Derik T. Fettig

Mitchell Hamline Law Review

No abstract provided.

Identifying A Proper Analytical Framework: Claims Of Admission Of Inadmissible Evidence As Prosecutorial Misconduct, Nicholas A. Hydukovich

Mitchell Hamline Law Review

No abstract provided.

The Criminal Continues To Go Free When The Constable Blunders: Testing The Boundaries Of Curtilage—State V. Chute, 908 N.W.2d 578 (Minn. 2018), Akina Khan

Mitchell Hamline Law Review

No abstract provided.

Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition, Robert H. Ambrose

Mitchell Hamline Law Review

No abstract provided.

Advocating At The Intersection Of Law, Science, And Culture Change: Options For Changing Minnesota's Statute Of Limitations For Criminal Sexual Conduct Felonies, Caroline Palmer

Mitchell Hamline Law Review

No abstract provided.

Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette

Mitchell Hamline Law Review

No abstract provided.

Understanding Offenders With Serious Mental Illness In The Criminal Justice System, Jillian Peterson, Kevin Heinz

Mitchell Hamline Law Review

No abstract provided.

Enabling The Disabled: A Proposed Framework To Reduce Discrimination Against Forensic Disability Clients Requiring Access To Programs In Prison, Astrid Birgden

Mitchell Hamline Law Review

No abstract provided.

A Prosecutor's Comment On Mental Health Court——Realizing The Goal Of Long-Term Public Safety, Karen A. Kugler

Mitchell Hamline Law Review

No abstract provided.

Hennepin County Criminal Mental Health Court: Experiences In A Large Metropolitan Mental Health Court, Kerry Meyer

Mitchell Hamline Law Review

No abstract provided.

Challenges To Fingerprint Identification Evidence: Why The Courts Need A New Approach To Finality, Sarah Lucy Cooper

Mitchell Hamline Law Review

No abstract provided.

A Prisoner's Dilemma: The Eighth Circuit's Application Of Heck V. Humphrey To Released Prisoners, Tyler Eubank

Mitchell Hamline Law Review

No abstract provided.

The Role Of States In Shaping The Legal Debate On Medical Marijuana, Florence Shu-Acquaye

Mitchell Hamline Law Review

No abstract provided.

Improving Insanity Aftercare, Amanda Joy Peters, Indira Azizi Lex

Mitchell Hamline Law Review

No abstract provided.

Criminal Law: Your Body Is Not Your Temple—State V. Bernard, Adrian S. Lafavor-Montez

Mitchell Hamline Law Review

No abstract provided.

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

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 …

The Exception That Swallowed The Rule: Fixing The Multiple-Victim Exception To Minnesota Statute Section 609.035, Benjamin J. Butler

Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward

This article proposes that the Legislature should amend section 609.035 to address the problems with the court-created version of the multiple-victim exception. First, the Legislature should amend the statute to allow for the imposition of multiple sentences in cases involving crimes committed against multiple victims. Second, in keeping with Minnesota’s goal of maintaining a rational, proportional sentencing system, the Legislature should limit the district court to imposing no more than two sentences per behavioral incident. Third, the Legislature should codify Minnesota Supreme Court case law holding that the court can only impose a sentence for the most serious offense committed …

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.

School Children And Parolees: Not So Special Anymore, Edwin Butterfoss

Faculty Scholarship

The Fourth Amendment special needs exception may be one of the Court’s most puzzling doctrines. Since its origin, the Court has struggled to define its limits and its place in the Court’s suspicionless search and seizure jurisprudence. At times the Court has suggested that the exception is the only route to upholding a search or seizure in the absence of individualized suspicion, while at other times it has stated that it is just one of a limited number of exceptions to the requirement of individualized suspicion. Historically, while the application of the special needs exception has been unpredictable, one thing …

An Escape Route From The Medellin Maze, Anthony S. Winer

Faculty Scholarship

Many in the United States who follow international law have tracked the course of the Supreme Court's 2008 Medellin case' especially closely, both before and after the Court's issuance of the decision. The case concerned the Vienna Convention on Consular Relations (the "Vienna Convention, "Convention" or "VCCR"), which imposes certain obligations on the authorities of a State Party when they imprison a national of another State Party. Among these duties is the obligation to inform the foreign prisoner that the Convention affords the prisoner the right to communicate, while in prison, with consular officials from the prisoner's home country. Authorities …