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Articles 1 - 30 of 138
Full-Text Articles in Law
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Nevada Supreme Court Summaries
The Court considered the State’s motion to reconsider and other various motions regarding the sealing of the ex parte motion to substitute counsel. It further deliberated whether documents and records could be filed under seal in a pending criminal case before the Court. In addition, the Court also addressed the requirements and procedures for sealing such documents and records.
Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin
Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin
Nevada Supreme Court Summaries
The Court considered the State’s appeal from a district court order granting the defendant’s motion to withdraw her guilty plea and to dismiss the criminal case under Nevada’s prosecutorial immunity statutes, NRS 178.572 and NRS 178.574.
Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead
Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead
Nevada Supreme Court Summaries
Appeals from district court judgments of conviction based on similar questions regarding double jeopardy and redundancy. The Court considered whether a criminal defendant who is charged with both attempted murder and battery or aggravated battery through a single act can be so charged, or whether such a charge constitutes double jeopardy, or violates Nevada’s common law redundancy theory.
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Cornell Law Faculty Publications
No abstract provided.
The Incredible Shrinking Confrontation Clause, Jeffrey Bellin
The Incredible Shrinking Confrontation Clause, Jeffrey Bellin
Faculty Publications
Sharp turns in the Supreme Court’s recent Confrontation Clause jurisprudence have left scholars reeling from conflicting emotions: exhilaration, despair, denial, and soon, perhaps, cynical acceptance. While most commentators celebrated the demise of the incoherent Ohio v. Roberts framework, their excitement largely faded as the Court’s decisions in Davis v. Washington and Bryant v. Michigan revealed nascent flaws in the evolving doctrine and sharply curtailed the newly revitalized confrontation right.
Recent scholarship strives to reanimate the jurisprudence by expanding the doctrinal definition of “testimonial” statements – the sole form of evidence that the Court now recognizes as implicating the Confrontation Clause. …
Perfecting Criminal Markets, David Jaros
Perfecting Criminal Markets, David Jaros
All Faculty Scholarship
From illicit drugs to human smuggling to prostitution, legislators may actually be perfecting the very criminal markets they seek to destroy. Criminal laws often create new dangers and new criminal opportunities. Criminalizing drugs creates the opportunity to sell fake drugs. Raising the penalties for illegal immigration increases the risk that smugglers will rely on dangerous methods that can injure or kill their human cargo. Banning prostitution increases the underground spread of sexually transmitted disease. Lawmakers traditionally respond to these “second order” problems in predictable fashion — with a new wave of criminalization that imposes additional penalties on fake drug dealers, …
The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein
The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Recently the U.S. Supreme Court, citing neurological and psychological studies, held that because juveniles are deficient in appreciating consequences to others, they should never be given the death penalty. The author found, in his years as a legal scholar, educator, and practitioner, that “appreciating the ‘other’”--putting oneself in the position of others---is critical to law and the study of law in more than the obvious ways.
The author became aware of empirical studies and psychological experiments demonstrating that children below a certain age have trouble seeing things from another’s vantage point, and found that the facility to do so develops …
Incompetent Plea Bargaining And Extrajudicial Reforms, Stephanos Bibas
Incompetent Plea Bargaining And Extrajudicial Reforms, Stephanos Bibas
All Faculty Scholarship
Last year, in Lafler v. Cooper and Missouri v. Frye, a five-to-four majority of the Supreme Court held that incompetent lawyering that causes a defendant to reject a plea offer can constitute deficient performance, and the resulting loss of a favorable plea bargain can constitute cognizable prejudice, under the Sixth Amendment. This commentary, published as part of the Harvard Law Review’s Supreme Court issue, analyzes both decisions. The majority and dissenting opinions almost talked past each other, reaching starkly different conclusions because they started from opposing premises: contemporary and pragmatic versus historical and formalist. Belatedly, the Court noticed …
Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai
Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai
Nevada Supreme Court Summaries
An appeal addressing a district court’s discretion when deciding a petition for release from a special sentence of lifetime supervision under NRS 176.0931(3) and whether the district court has the discretion to deny the release if the requirements in the statute have been met.
2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm
2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm
Justice Policy
The 2012 Maine Juvenile Justice Data Book presents a portrait of youth involvement with the Maine juvenile justice system. The data book consists of five sections, (1) Maine Youth Population Trends, (2) Maine Juvenile Justice System Trends, (3) Maine County Trends, (4) Maine Disproportionate Minority Contact (DMC) Trends, and (5) Youth Recidivism Outcomes in Maine.
While Maine’s youth arrest rates are consistently among the lowest in the country, the state faces challenges in ensuring that limited resources are targeted most efficiently and effectively for programs and services aimed at rehabilitating youth who encounter the juvenile justice system. The analyses presented …
Summary Of State V. Javier C., 128 Nev. Adv. Op. 50, Sarah Stephan
Summary Of State V. Javier C., 128 Nev. Adv. Op. 50, Sarah Stephan
Nevada Supreme Court Summaries
An appeal from a district court order dismissing a category B felony charge of battery under NRS 200.481(2)(f), finding the statute’s definition of “prisoner” was not meant to include juvenile defendants committed to a detention center for delinquency.
Summary Of Sherriff V. Andrews, 128 Nev. Adv. Op. 51, Robert Stewart
Summary Of Sherriff V. Andrews, 128 Nev. Adv. Op. 51, Robert Stewart
Nevada Supreme Court Summaries
In an appeal from a district court order granting a pretrial petition for a writ of habeas corpus and dismissing a charge for possession of an item commonly used to escape, the Court determined whether NRS 212.093(1) encompasses a prohibition on cell phones.
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
All Faculty Scholarship
Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …
Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds
Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds
MPA Capstone Projects 2006 - 2015
In 1996, Broome County opened the new Broome County Public Safety Facility (BCPSF) that doubles the County's capacity for housing inmates locally. However, the County has experienced a significant increase in jail population since BCPSF was opened. This has resulted in the resumption of the practice of boarding excess inmates at regional facilities. Given the County's desire to contain costs associated with overcrowding, this research project conducted a cost effectiveness analysis of three policy alternatives to address the jail overcrowding issues: (1) maintaining the current practice of boarding, (2) renovating a gymnasium into a 48 bed "Gym-Pod," or (3) constructing …
The "Smart On Crime" Prosecutor, Roger Fairfax
The "Smart On Crime" Prosecutor, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
"Smart on Crime" criminal justice reforms have emerged in recent years as shrinking government budgets and exploding incarceration rates have prompted scrutiny of the efficiency and efficacy of existing criminal justice approaches. Policymakers across the country have sought out new strategies designed to prevent crime and recidivism, enhance community safety, reduce our reliance on incarceration, and save taxpayer dollars. As a result, law enforcement, courts, and correctional agencies have been implementing innovative approaches in areas such as diversion, problem-solving courts, alternatives to incarceration, and ex-offender re-entry. However, the role of prosecutors and prosecutorial agencies in this story is often overlooked. …
Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback
Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback
Independent Study Project (ISP) Collection
Drug sentencing is a pressing issue in Brazil. With the context of high and increasing rates of crime and drug use, overcrowded prisons, and high rates of recidivism both in terms of prison and drug addiction, attitudes of individuals towards drug sentencing policy are worthy of observation and examination.
The objective of this monograph is to examine discourse by informants, five individuals who interact with sections of society most affected by drug sentencing, namely drug users. This monograph will consider pluralistic observations on, and evaluations of, drug sentencing practices, implementation of drug sentencing, an overview of the broader debate over …
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Faculty Publications
No abstract provided.
Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax
Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
I thoroughly enjoy every course in my teaching package, but the first-year Criminal Law course occupies a special place in my heart. The subject matter in the Criminal Law course is perhaps the most compelling of any offered in the first-year curriculum. As such, it provides Criminal Law instructors the tremendous opportunity to capture the imagination of students and to highlight the nexus between law in books and law in action.
What Use Are Legal Academics?, Roger Fairfax
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Law & Economics Working Papers
This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by …
Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith
Presentations
sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.
Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca
Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca
Nevada Supreme Court Summaries
The Court considered an appeal from a district court’s order transferring a juvenile case to justice court for adult criminal proceedings pursuant to NRS 62B.335.
Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland
Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland
Nevada Supreme Court Summaries
An appeal from a district court order granting writ of mandamus directing the justice court to dismiss a criminal complaint for lack of jurisdiction.
Prosecutorial Decriminalization, Erik Luna
Prosecutorial Decriminalization, Erik Luna
Scholarly Articles
The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.
Batson's Grand Jury Dna, Roger Fairfax
Batson's Grand Jury Dna, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Presentations
No abstract provided.
Taming Negotiated Justice, Stephanos Bibas
Taming Negotiated Justice, Stephanos Bibas
All Faculty Scholarship
After four decades of neglecting laissez-faire plea bargaining, the Supreme Court got it right. In Missouri v. Frye and Lafler v. Cooper, the Court recognized that the Sixth Amendment regulates plea bargaining. Thus, the Court held that criminal defendants can challenge deficient advice that causes them to reject favorable plea bargains and receive heavier sentences after trial. Finally, the Court has brought law to the shadowy plea-bargaining bazaar.
Writing in dissent, Justice Scalia argued that the majority’s opinion “opens a whole new boutique of constitutional jurisprudence (‘plea-bargaining law’).” To which I say: it is about time the Court developed …
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman Iii
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman Iii
Faculty Publications
Seven years have passed since Justice Ginsburg do-si-doed from the merits majority to the remedial majority in Booker and transformed the Federal Sentencing Guidelines into an advisory system.' And despite the logical absurdity of the Scalian Sixth Amendment doctrine that produced this outcome,' and despite the expectation of folks like me that this marriage of fish and fowl could not long survive, it survives. What is more, a great many people whose opinion matters now claim to love it-or at least to like it well enough to want to keep it for the foreseeable future. Thus, the outburst of legislative …
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
Faculty Scholarship
This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.