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Kansas V. Boettger: On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Kansas, Paul Cassell, John Ehrett, Allyson N. Ho, Bradley Hubbard, Matthew Scorcio, Philip Axt, Thomas Molloy
Kansas V. Boettger: On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Kansas, Paul Cassell, John Ehrett, Allyson N. Ho, Bradley Hubbard, Matthew Scorcio, Philip Axt, Thomas Molloy
Utah Law Faculty Scholarship
This amicus brief in support of Kansas’ petition for certiorari in Kansas v. Boettger discusses the important issue of whether the First Amendment require proof of specific intent to criminally punish violent threats. The brief argues that the First Amendment does not contain any such requirement and that creating any such requirement would interfere with effective prosecution of domestic violence.
The Kansas Supreme Court’s decision over which review is being sought required the state to prove that an abuser had a specific intent to cause fear. If allowed to stand, the decision will make prosecuting and preventing domestic violence even …
Dividing Bail Reform, Shima Baughman
Dividing Bail Reform, Shima Baughman
Utah Law Faculty Scholarship
There are few issues in criminal law with greater momentum than bail reform. In the last three years, states have passed hundreds of new pretrial release laws, and there are now over 200 bills pending throughout the states. These efforts are rooted in important concerns: Bail reform lies at the heart of broader recent debates about equitable treatment in the criminal justice system. Done right, bail keeps dangerous individuals off the streets; done wrong, it keeps those with less economic means in jail longer. Some jurisdictions are eliminating money bail. Others are adopting risk assessments to determine who to release. …