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Articles 1 - 6 of 6
Full-Text Articles in Law
Minnesota's Criminal Sexual Conduct Statutes: A Call For Change, Jenna Yauch-Erickson
Minnesota's Criminal Sexual Conduct Statutes: A Call For Change, Jenna Yauch-Erickson
Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward
Minnesota criminalizes five degrees of Criminal Sexual Conduct (“CSC”). The base conduct prohibited in fifth degree CSC is nonconsensual sexual contact. The four higher degrees of CSC require one or more aggravating elements in addition to a nonconsensual sexual act. The two aggravating elements which distinguish the degrees of CSC in Minnesota are force and personal injury. These aggravators are supposed to separate out the worst offenses and offenders for the harshest punishment. But problematic statutory definitions and judicial interpretations have created overlap in the meaning of force and injury. Because the same conduct satisfies both the force and injury …
Mens Rea In Minnesota And The Model Penal Code, Ted Sampsell-Jones
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
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
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.
Criminal Justice In Indian Country, Sarah Deer
Criminal Justice In Indian Country, Sarah Deer
Faculty Scholarship
On March 7,2013, President Obama signed the 2013 Violence Against Women Act Re-authorization ("VAWA 2013"). Contained within that legislation is a partial re-authorization of tribal criminal jurisdiction over non-Indians, which is a topic covered in this short article. VAWA 2013 recognizes that the inherent right of tribal nations includes criminal jurisdiction over non-Indian defendants accused of domestic violence. The topics discussed in this article-statistical evidence, interdiction of violence, and protecting Native women-will likely become even more important as tribal leaders and jurists consider the future of tribal self-determination and seek to realize the full potential of the changes created by …