Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (15)
- Columbia Law School (5)
- American University Washington College of Law (4)
- Brooklyn Law School (4)
- Saint Louis University School of Law (4)
-
- University of Pennsylvania Carey Law School (3)
- Boston University School of Law (2)
- Cornell University Law School (2)
- Florida A&M University College of Law (2)
- Maurer School of Law: Indiana University (2)
- Montclair State University (2)
- Penn State Law (2)
- Schulich School of Law, Dalhousie University (2)
- University of Baltimore Law (2)
- University of Missouri-Kansas City School of Law (2)
- University of the Pacific (2)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Notre Dame Law School (1)
- Pace University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UC Law SF (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Montana (1)
- University of Richmond (1)
- Villanova University Charles Widger School of Law (1)
- Washington University in St. Louis (1)
- Keyword
-
- Criminal law (6)
- Criminal justice (5)
- Criminal Procedure (3)
- Criminal procedure (3)
- Politics (3)
-
- Testimony (3)
- Criminal Law (2)
- Criminal Law and Procedure (2)
- Deterrence (2)
- Domestic violence (2)
- Due process (2)
- Evidence (2)
- Incapacitation (2)
- Policing (2)
- Punishment (2)
- Punishment theory (2)
- Race (2)
- Racial Profiling (2)
- SSRN (2)
- Self-incrimination (2)
- 35.15 (1)
- 8th Amendment (1)
- AEDPA (1)
- Absent Declarants (1)
- Abusers (1)
- Administrative law (1)
- Affirmative defense (1)
- Africa (1)
- African American (1)
- Alternative sentencing (1)
- Publication
-
- Nevada Supreme Court Summaries (15)
- Faculty Scholarship (14)
- All Faculty Scholarship (9)
- Articles in Law Reviews & Other Academic Journals (3)
- Journal Articles (3)
-
- Articles by Maurer Faculty (2)
- Articles, Book Chapters, & Popular Press (2)
- Cornell Law Faculty Publications (2)
- Department of Justice Studies Faculty Scholarship and Creative Works (2)
- Faculty Works (2)
- Journal Publications (2)
- McGeorge School of Law Scholarly Articles (2)
- Articles (1)
- Court Briefs (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Law Review Articles (1)
- Faculty Publications (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Presentations (1)
- Scholarly Articles (1)
- Scholarly Publications (1)
- Scholarly Works (1)
- Scholarship@WashULaw (1)
- Working Paper Series (1)
Articles 1 - 30 of 71
Full-Text Articles in Criminal Procedure
Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin
Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin
Nevada Supreme Court Summaries
Appeal from a judgment of conviction by jury of conspiracy to commit a crime, burglary, robbery, first-degree kidnapping, and attempted grand larceny auto.
Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom
Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom
Nevada Supreme Court Summaries
An appeal from an Eighth Judicial District Court judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.
The Comparative Nature Of Punishment, Adam Kolber
The Comparative Nature Of Punishment, Adam Kolber
Faculty Scholarship
No abstract provided.
Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky
Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky
Nevada Supreme Court Summaries
This case involved a writ of prohibition to determine if Defendant’s double jeopardy rights were violated when the district court ordered a mistrial and subsequent retrial as a “manifest necessity” based on potential jury bias because defense counsel impermissibly argued facts not in evidence.
Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein
Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein
Scholarly Works
No abstract provided.
Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney
Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney
Nevada Supreme Court Summaries
Appellant Douglas Mendoza-Lobos was convicted of one count each of burglary, robbery with the use of a deadly weapon, sexual assault with the use of a deadly weapon, attempted sexual assault with the use of a deadly weapon, assault with a deadly weapon, and battery with a deadly weapon. On appeal, Mendoza-Lobos argued that the district court failed to comply with NRS 193.165(1) in imposing the sentences for the deadly weapon enhancements because it failed to articulate sufficient findings on the record. As a preliminary matter, the Court addressed whether NRS 193.165(1) (1) violated the separation-of-powers doctrine and (2) required …
Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps
Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps
Nevada Supreme Court Summaries
Appeal from a judgment of conviction for second-degree murder, challenging the district court’s denial of Appellant’s motion to dismiss for pre-indictment delay and Appellant’s motion for certificate of materiality to obtain out-of-state mental health records.
Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain
Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain
All Faculty Scholarship
Judges in domestic cases often underestimate the risk to a mother and her children that an angry and abusive father or other intimate partner poses. In a recent Maryland case, for example, two judges refused to deny a father visitation or require that visitation be supervised, despite the fact that the father had threatened suicide. During the father’s unsupervised visitation, he drowned all three of his children, then attempted to kill himself.
The Danger Assessment tool (the D.A.) developed by a Johns Hopkins Nursing professor and validated by herself and other social scientists shows how much the father’s thoughts of …
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Law Faculty Scholarly Articles
Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …
Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi
Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi
Nevada Supreme Court Summaries
An appeal from a judgment of conviction in the Eighth Judicial District Court, pursuant to a jury verdict, of one count of open or gross lewdness, three counts of lewdness with a child under the age of fourteen, and six counts of visual representation depicting sexual conduct of a person under the age of sixteen.
The Stockley Verdict: An Explainer, Chad Flanders
The Stockley Verdict: An Explainer, Chad Flanders
All Faculty Scholarship
The purpose o f this document is to help explain some o f the existing Missouri law that Judge Wilson used in his opinion. It does not take a side on the opinion itself. At the end o f the day, the decision Judge Wilson made was based on his call on various disputed factual questions. The law was not, for the most part, at issue. I attempt only to describe the legal framework within with Judge Wilson decided the case; not to support or to criticize his verdict. Each person will ultimately have to make his or her own …
Modes Of Discretion In The Criminal Justice System, Roger Fairfax
Modes Of Discretion In The Criminal Justice System, Roger Fairfax
Presentations
No abstract provided.
Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly
Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly
Department of Justice Studies Faculty Scholarship and Creative Works
The current investigation extends previous work on citizens' perceptions of police performance. It examines the origins of between-community differences in concerned citizens' judgments that police are responding sufficiently to a local social problem. The problem is local unsupervised teen groups, a key indicator for both the revised systemic social disorganization perspective and the incivilities thesis. Four theoretical perspectives predict ecological determinants of these shared judgments. Less perceived police responsiveness is anticipated in lower socioeconomic status (SES) police districts by both a political economy and a stratified incivilities perspective; more predominantly minority police districts by a racialized justice perspective; and in …
Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway
Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, upon a jury verdict, of two counts of burglary while in possession of a deadly weapon, two counts of conspiracy to commit robbery, and four counts of robbery with use of a deadly weapon.
Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston
Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston
Nevada Supreme Court Summaries
Appeal from an order of the district court dismissing appellant’s post-conviction petition for a writ of habeas corpus in a death penalty case.
Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien
Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien
Faculty Works
This article tells the back story of the near-execution of Lloyd Schlup, condemned to die in Missouri for the 1984 murder of fellow Missouri State Penitentiary prisoner Arthur Dade, Jr. Mr. Schlup came within hours of execution before the Supreme Court granted certiorari on his case to decide whether a prisoner who is probably innocent can avail himself of the habeas corpus remedy. Mr. Schlup's and Mr. Dade's mothers played pivotal roles in the ultimate outcome of Schlup v. Delo, 513 U.S. 298 (1995). Dedicated to the memory of Nancy Slater.
Self-Love And Forgiveness: A Holy Alliance?, Patrick Mckinley Brennan
Self-Love And Forgiveness: A Holy Alliance?, Patrick Mckinley Brennan
Working Paper Series
Forgiving is not pardoning, excusing, condoning, forgetting, or reconciling, nor is forgiving just about a change in emotions on the part of a victim. This paper pursues a virtue-theoretic account of the human person in the context of the theology of Thomas Aquinas, arguing that human forgiveness is the form love takes by an offended toward her offender. The paper argues, first, for the priority of the offended person's self-love and, second, for such self-love's extension into love of the offender as another self. The paper explores in depth the challenges of seeing one's enemy as "another self." Forgiving, the …
Throwing The Baby Out With The Bathwater: A Call To Reinstate The Public Housing Drug Elimination Program, Wendy Tolson Ross
Throwing The Baby Out With The Bathwater: A Call To Reinstate The Public Housing Drug Elimination Program, Wendy Tolson Ross
Faculty Works
In fiscal year 2002, the federal government, upon recommendation by the Office of Management and Budget, eliminated funding to the Public Housing Drug Elimination Program (PHDEP), a grant program designed to assist public housing authorities in fighting drugs and crime. In explaining its decision, the government cited (1) the program’s ineffectiveness, (2) its duplication of activities, and (3) the availability of other enforcement tools (e.g., evictions) to control crime and drugs in public housing. On the surface, the budgetary concerns appear to be sound. However, today, seven years later, crime and drug violence are still causing problems in public housing …
Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman
Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman
Nevada Supreme Court Summaries
Appellant Daniel Anthony Ramet was convicted of first-degree murder. On appeal, Ramet contended that the testimony concerning his refusal to consent to a search of his home, taken together with the prosecutor’s comment on it, was violative of his Fourth Amendment rights. The Court concluded that the district court erred in allowing testimony and argument regarding Ramet’s invocation of his Fourth Amendment right. However, they further concluded that the error in admitting the statements was harmless. The Court therefore affirmed Ramet’s conviction.Óÿ
Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe
Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe
Nevada Supreme Court Summaries
The Court took this opportunity to align Nevada’s standard for emergency home entries with the recent Supreme Court opinion in Brigham City v. Stuart.2 The Supreme Court held in that case that for a warrantless entry to be lawful there must be an objectively reasonable basis to believe that a party inside is in danger.3 Accepting this standard eliminates Nevada’s previous test, which allowed courts to look at the law enforcement agent’s lack of intent to arrest or search.
Attempt By Omission, Michael T. Cahill
Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie
Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie
Nevada Supreme Court Summaries
Consolidated writs for mandamus challenging the district court’s denial of petitioners’ request for full and complete copies of competency examination reports prior to competency hearing.
Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld
Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld
Nevada Supreme Court Summaries
Petitioners filed writs of mandamus challenging the district court orders denying petitioners’ requests to present evidence during competency hearings.
Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich
Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich
All Faculty Scholarship
At a recent meeting of the National Association of Sentencing Commissions, Yale professor Dan Freed was honored during a panel discussion titled "Standing on the Shoulders of Sentencing Giants," Dan Freed is indeed a sentencing giant. but he is the gentlest giant of all. It is hard to imagine that a man as mild-mannered, soft-spoken, and self-effacing as Dan Freed has had such a profound impact on federal sentencing law and so many other areas of criminal justice policy, Yet he has.
I've been in many rooms with Dan Freed over the years — classrooms, boardrooms, dining rooms, and others. …
Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis
Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis
Nevada Supreme Court Summaries
No abstract provided.
Brief Of Amici Curiae In Support Of Respondent, Robert Calvin Brown, Iii V. State Of Maryland, No. 08-118, Brenda Bratton Blom
Brief Of Amici Curiae In Support Of Respondent, Robert Calvin Brown, Iii V. State Of Maryland, No. 08-118, Brenda Bratton Blom
Court Briefs
Amici brief filed by the University of Maryland School of Law’s Clinical Program and members of the Baltimore legal community including legal educators, lawyers, student attorneys, service providers, government administrators, community based organizations, and nationally recognized individuals from community justice initiatives and organizations on Respondent’s behalf. The individuals and organizations represented in the brief have all collaborated together to build and support what are colloquially known as “problem solving dockets”: courts that are specialized, alternative sentencing dockets that offer diversionary programs to qualified offenders. The dockets are run out of Maryland’s district and circuit courts, but not separate, freestanding judicial …
Deconstructing The Psychopath: A Critical Discursive Analysis, Cary H. Federman, Dave Holmes, Jean Daniel Jacob
Deconstructing The Psychopath: A Critical Discursive Analysis, Cary H. Federman, Dave Holmes, Jean Daniel Jacob
Department of Justice Studies Faculty Scholarship and Creative Works
She loved accidents: any mention of an animal run over, a man cut to pieces by a train, was bound to make her rush to the spot. The spectacle of the wounded body has always had its lurid attractions. Coverage of serial killings and graphic accounts of brutal murders by various media is part of our “spectacular” culture fascinated by violence and brutality. The television is often the site where private desire and public fantasy meet, and where the fascination regarding dangerous offenders is initiated and nurtured (Knox, 17–18; Lesser). The convening of the public around scenes of violence represents …
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Cornell Law Faculty Publications
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …
Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz
Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz
Nevada Supreme Court Summaries
Consolidated petitions for writs of mandamus that challenged district court failures to consider applications pursuant to NRS 484.37941 on their merits.
Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson
Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson
Nevada Supreme Court Summaries
Original petition for a writ of mandamus challenging the district court’s decision to deny petitioner’s request to apply for treatment.