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Kahler V. Kansas: The End Of The Insanity Defense?, Eric Roytman Feb 2020

Kahler V. Kansas: The End Of The Insanity Defense?, Eric Roytman

Duke Journal of Constitutional Law & Public Policy Sidebar

In 1995, Kansas, along with a small number of other states, passed a statute abrogating the widely recognized common law insanity defense. At common law, a defendant could raise the defense when a mental illness impaired his ability to distinguish right from wrong, allowing him to escape liability even when the elements of the crime were otherwise fulfilled. However, under Kansas’ statutory scheme, evidence of a defendant’s mental illness can only be used to negate the mens rea element of the offense. In other words, evidence of mental illness is only relevant when it shows that the defendant lacked ...


Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval Jan 2020

Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval

St. Mary's Journal on Legal Malpractice & Ethics

The prosecutor acts as a minister of justice with sweeping discretion to charge an individual with a crime, plea a case in a manner supported by the strength of the evidence, proceed to trial on a case, and even dismiss a case. He must balance the interest of the victim, the community, and the constitutional rights of the accused in every decision he makes.

This article will explore the role of the American prosecutor and discuss various ethical issues encountered on a daily basis. After a brief introduction, the author will succinctly discuss the history of the prosecutor and will ...


Considering A Domestic Terrorism Statute And Its Alternatives, Francesca Laguardia Jan 2020

Considering A Domestic Terrorism Statute And Its Alternatives, Francesca Laguardia

Northwestern University Law Review

Recent years have seen an increase in right-wing extremist violence within the United States, which has highlighted the disparities in law enforcement’s handling of “international” as opposed to “domestic” terrorism. Public, legal, and law enforcement commenters have begun calling for a “domestic terrorism statute,” arguing that the lack of such a statute is the largest hurdle in prosecuting domestic terrorists. This Essay explains that the primary cause of the disparity in prosecutions between domestic and international terrorists is not a lack of a domestic terrorism statute but rather the lack of a generalized terrorism statute and the failure to ...


An Unstable Core: Self-Defense And The Second Amendment, Eric Ruben Jan 2020

An Unstable Core: Self-Defense And The Second Amendment, Eric Ruben

Faculty Scholarship

In District of Columbia v. Heller, the Supreme Court announced for the first time that self-defense, not militia service, is the “core” of the right to keep and bear arms. However, the Court failed to articulate what that means for the right’s implementation. After Heller, most courts deciding Second Amendment questions have mentioned self-defense only superficially or not at all. Some courts, however, have run to the opposite extreme, leaning heavily on the platitude that firearms have utility for lawful self-defense as a rationale for effectively immunizing them from regulation. This Article examines that inconsistency and considers whether self-defense ...


Reform Prosecutors And Separation Of Powers, Logan E. Sawyer Iii Jan 2020

Reform Prosecutors And Separation Of Powers, Logan E. Sawyer Iii

Scholarly Works

For decades, state and local prosecutors won election by promising to be tough on crime. Today, a new breed of prosecutor has gained prominence by campaigning on, and then implementing, reform agendas. Rather than emphasize the crimes they plan to prosecute, these reform prosecutors promise to use their discretion to stop the prosecution of certain crimes and halt the application of certain sanctions. They base their decision not on a lack of resources, but rather on a belief that the enforcement of those laws is unwise or unjust. Critics have decried such policies as both inappropriate and undemocratic. Prosecutors, critics ...


Victims’ Rights From A Restorative Perspective, Lara Bazelon, Bruce A. Green Jan 2020

Victims’ Rights From A Restorative Perspective, Lara Bazelon, Bruce A. Green

Faculty Scholarship

The criminal adjudicatory process is meant in part to help crime victims heal. But for some crime victims, the process is re-victimizing. For decades, efforts have been made to make the criminal process fairer and more humane for victims. For example, state and federal laws are now designed to keep victims informed, allow them to be heard at sentencing, and afford them monetary restitution. But these efforts, while important, have not persuaded crime victims to trust criminal process. For example, sexual assaults remain grossly under-reported and under-prosecuted. Less than 1 percent of sexual assault crimes result in a felony conviction ...


Full Issue, University Of Denver Criminal Law Journal Dec 2019

Full Issue, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz Dec 2019

A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz

University of Denver Criminal Law Review

No abstract provided.


Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio Dec 2019

Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio

University of Denver Criminal Law Review

No abstract provided.


Front Matter, University Of Denver Criminal Law Journal Dec 2019

Front Matter, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Full Issue, University Of Denver Criminal Law Journal Dec 2019

Full Issue, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Fundamental Since Our Country's Founding: United States V. Auernheimer And The Sixth Amendment Right To Be Tried In The District In Which The Alleged Crime Was Committed, Paul Mogin Dec 2019

Fundamental Since Our Country's Founding: United States V. Auernheimer And The Sixth Amendment Right To Be Tried In The District In Which The Alleged Crime Was Committed, Paul Mogin

University of Denver Criminal Law Review

No abstract provided.


Front Matter, University Of Denver Criminal Law Journal Dec 2019

Front Matter, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Full Issue, University Of Denver Criminal Law Journal Dec 2019

Full Issue, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw Dec 2019

Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw

University of Denver Criminal Law Review

No abstract provided.


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele Dec 2019

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

University of Denver Criminal Law Review

No abstract provided.


Front Matter, University Of Denver Criminal Law Journal Dec 2019

Front Matter, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Full Issue, University Of Denver Criminal Law Journal Dec 2019

Full Issue, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey Dec 2019

Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey

University of Denver Criminal Law Review

No abstract provided.


Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson Dec 2019

Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson

University of Denver Criminal Law Review

No abstract provided.


Front Matter, University Of Denver Criminal Law Journal Dec 2019

Front Matter, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Full Issue, University Of Denver Criminal Law Journal Dec 2019

Full Issue, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin Dec 2019

They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

University of Denver Criminal Law Review

No abstract provided.


Colorado's Undemanding Notice Requirement: Pro Se Defendants And Forensic Technician Testimony, Sarah M. Morris, Lauren L. Fontana Dec 2019

Colorado's Undemanding Notice Requirement: Pro Se Defendants And Forensic Technician Testimony, Sarah M. Morris, Lauren L. Fontana

University of Denver Criminal Law Review

No abstract provided.


Front Matter, University Of Denver Criminal Law Journal Dec 2019

Front Matter, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Full Issue, University Of Denver Criminal Law Journal Dec 2019

Full Issue, University Of Denver Criminal Law Journal

University of Denver Criminal Law Review

No abstract provided.


Right To Counsel Vs. Right To A Speedy Trail: How The Public Defender Crisis Is Causing A Sixth Amendment Conflict, Conor R. Mccullough Dec 2019

Right To Counsel Vs. Right To A Speedy Trail: How The Public Defender Crisis Is Causing A Sixth Amendment Conflict, Conor R. Mccullough

University of Denver Criminal Law Review

No abstract provided.


Sacrificing Fundamental Principles Of Justice For Efficiency: The Case Against Alford Pleas, Brandi L. Joffrion Dec 2019

Sacrificing Fundamental Principles Of Justice For Efficiency: The Case Against Alford Pleas, Brandi L. Joffrion

University of Denver Criminal Law Review

No abstract provided.


United States V. Jones: Changing Expectations Of Privacy In The Digital Age, Daniel W. Edwards Dec 2019

United States V. Jones: Changing Expectations Of Privacy In The Digital Age, Daniel W. Edwards

University of Denver Criminal Law Review

No abstract provided.


Revisiting Dura Pharmaceuticals: Loss Causation & Criminal Securities Fraud Sentencing, Todd W. Barnet Dec 2019

Revisiting Dura Pharmaceuticals: Loss Causation & Criminal Securities Fraud Sentencing, Todd W. Barnet

University of Denver Criminal Law Review

No abstract provided.