Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Missouri Law Review

2015

Constitution

Articles 1 - 2 of 2

Full-Text Articles in Law

Setting A Better Standard: Evaluating Jail Officials’ Constitutional Duties In Preventing The Sexual Assault Of Pretrial Detainees, Blair A. Bopp Apr 2015

Setting A Better Standard: Evaluating Jail Officials’ Constitutional Duties In Preventing The Sexual Assault Of Pretrial Detainees, Blair A. Bopp

Missouri Law Review

This Note examines Walton v. Dawson, a recent Eighth Circuit decision that considers whether jail officials should be held accountable when an inmate-on-inmate sexual assault occurs and the assault was directly facilitated by the failure of the officials’ subordinates to follow the jailhouse policy of locking cell doors overnight. Parts II and III introduce the facts and holding of Walton and the legal context within which an analysis of the instant case may be framed. Part IV synthesizes the court’s rationale in the Walton decision with the established legal context. Finally, Part V discusses Walton’s foreseeable impact on future deliberate …


Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli Jan 2015

Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli

Missouri Law Review

This Note begins by discussing the facts and holding of Wade. Next, this Note examines generally the legal background and history of bans on ex post facto laws and on laws retrospective in their operation in Missouri. Then, this Note explains recent precedent regarding such bans, particularly in the context of sex offender registration statutes. After the discussion of precedent, this Note explores the analyses of the majority, concurring, and dissenting opinions in Wade. Finally, this Note concludes with a critique of these analyses in the instant decision and contemplates the future effects of the court’s decision.