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Full-Text Articles in Law
Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus
Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus
Faculty Scholarship
Minnesota’s sex offender commitment scheme is not just a bad idea; it likely has bad consequences. It is a huge and disproportionate sink for resources that ight be put to more effective use in the fight against sexual violence. Worse, its demand for resources will continue to grow, thus predetermining to a large extent how prevention and treatment dollars are spent. It is very possible that a more rational allocation of these resources would actually prevent more violence than the allocation that is automatically produced by the sex offender commitment scheme. At the very least, the fight against sexual violence …
Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty
Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty
William Mitchell Law Review
In 1995, Minnesota created a blended sentencing option for serious, violent juvenile offenders. Under this new option, Extended Juvenile Jurisdiction (“EJJ”), the juvenile court retains jurisdiction over the offender until age 21. In EJJ cases the court also imposes an adult sentence, which is stayed on the condition that the offender complies with the conditions of probation. Since the passage of the EJJ statute, the Minnesota Supreme Court has issued a limited number of opinions reviewing EJJ cases. State v. B.Y., issued April 24, 2003, involves an issue of first impression. The B.Y. opinion addresses standards to be applied in …
Criminal Law—The Restraint Of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’S Misguided Analysis In State V. Colvin, Marc M. Schifalacqua
Criminal Law—The Restraint Of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’S Misguided Analysis In State V. Colvin, Marc M. Schifalacqua
William Mitchell Law Review
This case note explores the history of protective orders both around the country and in Minnesota. It analyzes the law of burglary and its recent interaction with OFP violations in Minnesota, and then summarizes the Colvin case's facts, procedural history, and Minnesota Supreme Court decision. Subsequently, this note criticizes the court's decision amid its apparent misapplication of the trial court record and relevant law. Finally, the note analyzes Colorado's approach to the issue of whether an OFP violation can satisfy the predicate crime requirement of burglary.
Criminal Law—Scarlet Letters: Traffic Stops Based On “Special” License Plates Must Follow The Letter Of The Constitution—State V. Henning, Piper Kenney Webb, Bruce H. Hanley
Criminal Law—Scarlet Letters: Traffic Stops Based On “Special” License Plates Must Follow The Letter Of The Constitution—State V. Henning, Piper Kenney Webb, Bruce H. Hanley
William Mitchell Law Review
The Minnesota Supreme Court recently addressed whether a Minnesota statute authorizing law enforcement to stop motorists based solely on the presence of special license plates issued primarily to repeat drunken drivers is proper under the United States and Minnesota Constitutions. In State v. Henning, the court held the statute unconstitutional by a 4-3 decision. Finding no persuasive reason to do otherwise, the court struck down the legislature's attempt to eliminate the requirement that law enforcement have “reasonable articulable suspicion” to conduct an investigatory stop of a motor vehicle. This article provides a brief survey of similar laws in other states …