Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bail (2)
- Nevada (2)
- 50 state review (1)
- 50 state survey (1)
- Bail Reform (1)
-
- Capital punishment (1)
- Cash Bail (1)
- Code of criminal procedure (1)
- Competency (1)
- Criminal Procedure (1)
- Criminal appeals (1)
- Criminal procedure (1)
- Death penalty (1)
- Discovery (1)
- Elimination of Bail (1)
- Federal Court (1)
- Federalism (1)
- Indigent Defense (1)
- Jury instructions (1)
- Money Bail (1)
- Motion practice (1)
- Nevada Legislation (1)
- Nevada rules of criminal procedure (1)
- Pre-trial motions (1)
- Pre-trial release (1)
- Procedural rules (1)
- Public Defender (1)
- Right to Counsel (1)
- Statewide criminal procedure (1)
- Survey (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton
The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton
Nevada Law Journal Forum
Domestic violence occurs at alarming rates in all socioeconomic levels, races, locations, sexual orientations, and professions. Domestic violence occurs at similar frequencies among religious and non-religious individuals. Clergy play an important role in religious communities. The clergy-penitent privilege was created to protect the relationship between clergy and communicant and prevents clergy from testifying about spiritual communications. However, the privilege is currently an absolute privilege which is unnecessary and hurts victims and survivors of domestic violence. Additionally, the statutorily written privilege is not aligned with the application and practice of the privilege. Practice indicates clergy tend to desire to testify and …
Breaking The Cycle: How Nevada Can Effectuate Meaningful Criminal Justice Reform, Scott Cooper, Scott Whitworth
Breaking The Cycle: How Nevada Can Effectuate Meaningful Criminal Justice Reform, Scott Cooper, Scott Whitworth
Nevada Law Journal Forum
Why does society punish criminals? This paper examines what Nevada is attempting to accomplish through enacting and enforcing its criminal laws. We examine the current state of, as well as the challenges facing, Nevada’s criminal justice system. Additionally, we identify and propose certain solutions to reduce both recidivism and the financial burden that incarceration imposes on the state by looking to best practices in other states, as well as certain mechanisms and provisions that were, for one reason or another, removed from Nevada Assembly Bill 236.
To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan Mcleod
To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan Mcleod
Nevada Law Journal Forum
This white paper aims to discuss the issues associated with bail reform in Nevada, provide an analysis of bail reform efforts across the country, and purpose possible solutions for obstacles to bail reform in Nevada. The white paper’s proposed recommendations for practical bail reform is a three-phase plan to eliminate the injustices that arise from Nevada’s current cash bail model.
Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum
Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum
Nevada Law Journal Forum
In Martinez v. Ryan, the United States Supreme Court held the ineffective assistance of post-conviction counsel, or the lack of representation in a state post-conviction proceeding, provides cause to allow a federal habeas petitioner to overcome a procedural default on an ineffective assistance of trial counsel claim. This represented a radical shift in the criminal justice system. Prior to Martinez, state post-conviction proceedings—the typical mechanism for a criminal defendant to challenge the performance of his trial attorney—were not heavily scrutinized. It was understood and accepted that defendants did not have the right to counsel in these post-conviction proceedings. Whether a …
Statewide Rules Of Criminal Procedure: A 50 State Review, Emily Dyer, Chelsea Stacey, Adrian Viesca
Statewide Rules Of Criminal Procedure: A 50 State Review, Emily Dyer, Chelsea Stacey, Adrian Viesca
Nevada Law Journal Forum
Nevada is amongst the minority of states without statewide criminal procedure rules. Statewide rules are important because they promote fairness, regularity, and transparency regardless of where in the state a criminal case is being adjudicated and who it is being adjudicated in front of. This report intends to compare the varying states’ criminal procedure rules, to provide Nevada’s legal community with an awareness of how rules can be structured, what rules are included, and how rules interact with statutes and other court rules. If Nevada chooses to follow in the path of the forty-seven states and develop statewide criminal procedure …