Law Commons^™

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey

Nevada Supreme Court Summaries

The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.

State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.

Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich

Nevada Supreme Court Summaries

The Court considered an appeal from a district court conviction. The Court reversed the Eighth Judicial District Court’s judgment of conviction, pursuant to a jury verdict of burglary and grand larceny. The juvenile court retains jurisdiction over Barber because the legislation did not include language regarding jurisdiction stripping or dismissal requirements. However, the Court reversed the judgment because the prosecution presented insufficient evidence to support Barber’s conviction.

What Does Recent Neuroscience Tell Us About Criminal Responsibility?, Uri Maoz, Gideon Yaffe

Psychology Faculty Articles and Research

A defendant is criminally responsible for his action only if he is shown to have engaged in a guilty act—actus reus (eg for larceny, voluntarily taking someone else’s property without permission)—while possessing a guilty mind—mens rea (eg knowing that he had taken someone else’s property without permission, intending not to return it)—and lacking affirmative defenses (eg the insanity defense or self-defense). We therefore first review neuroscientific studies that bear on the nature of voluntary action, and so could, potentially, tell us something of importance about the actus reus of crimes.Then we look at studies of intention, perception of …

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements

Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith

Nevada Supreme Court Summaries

The holding of State v. Weddell is extended. Responding with deadly force to the commission of a felony per NRS § 200.160 is justified only when the person poses a threat of serious bodily injury. Short of such a threat, the amount of force used must be reasonable and necessary under the circumstances.

Moultrie V. State, 131 Nev. Adv. Op. 93 (Dec. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court of Appeals determined that the district court did not abuse its discretion by allowing the State to file an information by affidavit more than 15 days after the preliminary examination concluded, when the justice court committed an “egregious error,” and “the defendant was discharged but not prejudiced by the delay.” Further, the Court defines “egregious error” as when “a charge was erroneously dismissed or a defendant was erroneously discharged based on a magistrate’s error.” Due to the justice court’s egregious errors in the preliminary examination that resulted in appellant’s discharge, the Court found that the district court was …

Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp

Nevada Supreme Court Summaries

The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.

Trending @ Rwu Law: Carl Bogus's Post: 'Should We Be Afraid? Absolutely. But Not Only Of Crazed Jihadists...', Carl Bogus

Law School Blogs

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Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law

Life of the Law School (1993- )

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Amicus Brief In Terrance Williams V Pennsylvania, Lawrence J. Fox

Amicus Briefs

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Schools Fail To Get It Right On Rap Music, Andrea L. Dennis

Popular Media

School officials treat rap music as a serious threat to the school environment. Fear and misunderstanding of, as well as bias against, this highly popular and lucrative musical art form negatively shape their perspectives on this vital aspect of youth culture.

As a result, students who express themselves through rap music in a way that challenges the schoolhouse setting risk the possibility of suspension, permanent exclusion and referral to the criminal justice system.

The ongoing case of Taylor Bell is the latest and most complex battleground on which this issue is playing out.

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

All Faculty Scholarship

This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …

Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

I am testifying today on behalf of both myself and my co-chair Michele Deitch, who has submitted written testimony for your consideration. My comments here reflect both the key points in her testimony as well as some of my own thoughts about the importance of external oversight and comments about the critical role played by the Correctional Association of New York, the failure of the State Commission on Correction to provide meaningful regulation of New York’s prisons, and the need to improve access by the media to the public and to the state’s prisons.

Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner

Scholarly Articles

None available.

The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus

Faculty Publications

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Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a significant decision last week, Singapore’s highest court ruled that alleged global football match-fixer Dan Tan Seet Eng’s preventive detention was unlawful. His detention went beyond the scope of discretionary power vested in the Minister for Home Affairs under the Criminal Law (Temporary Provisions) Act (CLTPA). The court’s ruling drew criticisms from a former Interpol chief and, ironically, FIFA, football’s graft-ridden governing body.

Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii

Faculty Publications

This Issue of FSR reports on two fronts in the ongoing national battle for sentencing reform. The first half of the Issue is devoted to evolving views and new initiatives on parole. The second half of the Issue is a report on the content and prospects for success of a number of bills pending in Congress that would reform federal criminal sentencing, corrections, and back-end release practices.

Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii

Faculty Publications

This article traces the evolution of the sentencing reform debate in Congress in 2015. It summarizes and compares the six major pieces of sentencing legislation introduced in 2015. It describes the progression from con­ceptually simple, broadly applicable reforms of mandatory minimum sentences to the regime of complex and highly restrictive rules relaxing mandatory minimum sentences for a modest subset of federal defendants found in the bills that passed the Senate and House Judiciary Committees. The article summarizes some of the concerns voiced about he sentencing provisions of the various bills. Finally, it discusses the three pending bills relating to back-end …

We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf

Department of Justice Studies Faculty Scholarship and Creative Works

In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …

Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

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Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan

Faculty Scholarship

An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing the previously intended offense. However, the same regime may induce offenders to initiate criminal plans more often by reducing the expected costs associated with such plans. The former effect is called the marginal deterrence effect and the latter is called the ex-ante deterrence effect of the abandonment defense. This Article formalizes a …

Cybersecurity And Law Enforcement: The Cutting Edge : Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Newsroom: Future Of Cybersecurity, Roger Williams University School Of Law

Life of the Law School (1993- )

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Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies

Law School Blogs

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Will Oklahoma Put An Innocent Man To Death?, Lauren Carasik

Media Presence

No abstract provided.

Staying Out Of Hot Water: A Legal Guidebook On Hazingstaying, Jasmine Kelly, Alex Kennedy, Keira Martin, George Woodard

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol

Faculty Scholarship

On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …

The Incompatibility Of Due Process And Naked Statistical Evidence, G. Alexander Nunn

Faculty Scholarship

Numerous articles and commentaries have grappled with an undeniable feeling of injustice that comes from wrestling with naked statistical evidence. Even if, from a purely quantitative standpoint, the weight of the evidence supports the imposition of liability on a defendant, the sole use of probabilities to assess this liability seems innately unfair. This tension has spawned a great debate that questions the role of naked statistical evidence in today’s legal system. Contributing to this discourse, this Note argues that, in certain circumstances, the use of naked statistical evidence constitutes a due process violation. United States circuit courts have held that …

An Overlooked Key To Reversing Mass Incarceration: Reforming The Law To Reduce Prosecutorial Power In Plea Bargaining, Cynthia Alkon

Faculty Scholarship

The need to “do something” about mass incarceration is now widely recognized. When President Obama announced plans to reform federal criminal legislation, he focused on the need to change how we handle non-violent drug offenders and parole violators. Previously, former Attorney General Eric Holder announced policies to make federal prosecutors “smart on crime.” These changes reflect, as President Obama noted, the increasing bipartisan consensus on the need for reform and the need to reduce our incarceration rates. However, proposals about what to reform, such as President Obama’s, tend to focus on some parts of criminal sentencing and on prosecutorial behavior …