Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Omnes Vulnerant, Postuma Necat; All The Hours Wound, The Last One Kills: The Lengthy Stay On Death Row In America, Mary Elizabeth Tongue
Omnes Vulnerant, Postuma Necat; All The Hours Wound, The Last One Kills: The Lengthy Stay On Death Row In America, Mary Elizabeth Tongue
Missouri Law Review
Why inmates spend so long on death row and the accompanying mental ramifications are discussed in Part II. Part III discusses the response of American courts to the lengthy stays of inmates on death row. Next, Part IV discusses the international opinion on America’s lengthy stay on death row, international tribunal holdings on the matter, the philosophical implications of a lengthy stay on death row, and possible solutions. Finally, Part V concludes this Note, finding that abolition of the death penalty is the best solution.
To Instruct, Or Not To Instruct, That Is The Question, Jared Guemmer
To Instruct, Or Not To Instruct, That Is The Question, Jared Guemmer
Missouri Law Review
In State v. Jackson, the Supreme Court of Missouri considered whether a trial court must instruct the jury regarding a lesser included offense. Specifically, it confronted this question in the context of a “nested” lesser included offense: an offense whose elements are entirely subsumed by the greater offense, and the greater offense has some “differential element” that the State bears the burden to prove. The court ultimately concluded that a jury instruction on such a lesser included offense, when requested by the defendant, must always be granted. A judge’s refusal to grant the requested instruction jeopardizes the defendant’s right to …
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Missouri Law Review
This Note begins by discussing the facts and holding of Wade. Next, this Note examines generally the legal background and history of bans on ex post facto laws and on laws retrospective in their operation in Missouri. Then, this Note explains recent precedent regarding such bans, particularly in the context of sex offender registration statutes. After the discussion of precedent, this Note explores the analyses of the majority, concurring, and dissenting opinions in Wade. Finally, this Note concludes with a critique of these analyses in the instant decision and contemplates the future effects of the court’s decision.