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Hager V. State, 135 Nev. Adv. Op. 34 (Aug. 29, 2019), Brittney Lehtinen 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hager V. State, 135 Nev. Adv. Op. 34 (Aug. 29, 2019), Brittney Lehtinen

Nevada Supreme Court Summaries

The Court determined that (1) Defendants who successfully complete mental health specialty court diversion programs pursuant to NRS § 176A.250–265 are not “adjudicated mentally ill” under NRS § 202.360(2)(1); and (2) that the jury should have been instructed that under NRS § 202.360(1)(d), an “unlawful user” is someone who regularly uses substances over a period of time consistent with their possession of a firearm.


Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection, Camilla Dudley 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection, Camilla Dudley

Nevada Law Journal

No abstract provided.


Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto 2019 Yale Law School

Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto

Cornell Law Review

To achieve justice for violations of international law such as genocide, torture, crimes against humanity, and war crimes, it is essential to address complicity for international crimes. Beginning in the 1990s, there was a proliferation of international and hybrid criminal tribunals, which sought to hold perpetrators of these crimes accountable and, in turn, generated an explosion of international criminal law jurisprudence. Nonetheless, the contours of aiding and abetting liability in international criminal law remain contested. Courts-both domestic and international-have long struggled to identify the proper legal standard for holding actors liable for aiding and abetting even the most serious violations …


Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq. 2019 West Virginia University

Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq.

West Virginia Law Review

Criminal law has adopted the folk psychological view of human agency. Under this view, voluntary action exists and mental states, such as intentions, goals, and desires, have a causal relationship with bodily movement. However, new advances in neuroscience have begun to challenge this model and have lent empirical support to the idea that mental states may not play a causal role in bodily movement. This has profound implications for the voluntary act element of actus reus because the requirement presupposes the folk psychological view of agency. Nevertheless, criminal law can avoid this dilemma through praxeology, the deductive study of human …


Assigned Counsel Mentoring Programs: Results And Lessons From Two Pilot Projects, Susan Saab Fortney 2019 Texas A&M University School of Law

Assigned Counsel Mentoring Programs: Results And Lessons From Two Pilot Projects, Susan Saab Fortney

Faculty Scholarship

Working with a team of three subject matter experts, the National Legal Aid and Defender Association implemented and evaluated two pilot mentoring projects aimed at helping lawyers who serve as assigned counsel. This report discusses the program design, evaluation outcomes, and offers guidance through lessons learned for other jurisdictions interested in introducing assigned counsel mentoring programs. The author of the report was the principal investigator who evaluated the programs.

This project was supported by grant number 2015-AJ-BX-K043 awarded by the Bureau of Justice Assistance, Office of Justice Programs to the National Legal Aid and Defender Association. The opinions, findings, and …


Andersen V. Eighth Judicial Dist. Court, 135 Nev. Adv. Op. 42 (Sept. 12, 2019) (En Banc), Erika Smolyar 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Andersen V. Eighth Judicial Dist. Court, 135 Nev. Adv. Op. 42 (Sept. 12, 2019) (En Banc), Erika Smolyar

Nevada Supreme Court Summaries

In light of recent statutes limiting the right to bear arms for people convicted of misdemeanor battery constituting domestic violence, the Court determined that because the Legislature reclassified misdemeanor battery in that context to constitute a serious offense, those convicted of it are entitled to a jury trial.


Political Party’S Criminal Liability In Indonesia, Nani Mulyati, Topo Santoso 2019 Faculty of Law, Universitas Andalas, Indonesia

Political Party’S Criminal Liability In Indonesia, Nani Mulyati, Topo Santoso

Indonesia Law Review

In Indonesia, according to civil law, a political party can be a separate legal personality from its members vested with the same legal rights and duties as a legal citizen. They can participate in the economic, politic, legal, and social relationships. If they violate the law, they can also be held responsible. However, it is still very doubtful whether they can be liable in criminal law since they have critical function in the democratic political process as acknowledge by the constitution. This paper examines the position of a political party in their criminal liability, whether they can be prosecuted, and …


Causes And Consequences Of The War On Marijuana In Indonesia, Aristo Marisi Adiputra Pangaribuan, Kelly Manthovani 2019 School of Law, University of Washington, USA

Causes And Consequences Of The War On Marijuana In Indonesia, Aristo Marisi Adiputra Pangaribuan, Kelly Manthovani

Indonesia Law Review

This article argues that the current narcotics law regime is a factor to blame for the cause of prison overcrowding and unnecessary deprivation of liberty and dignity for its violator with the help of criminal justice tools. Multi-layer category of drug users introduced by the current narcotics law is leaving too much discretion for the law enforcement agency to criminalize marijuana user. Data shows that in Jakarta and Surabaya court alone, all marijuana users are charged with multiple articles and leaving no room for them to escape from a draconian sentence. This paper questions the repressive enforcement used by the …


Criminal Arrests In Clark County, Nevada, By Jurisdiction 2006-2016, Elia Del Carmen Solano-Patricio, Caitlin Saladino, William E. Brown Jr. 2019 University of Nevada, Las Vegas

Criminal Arrests In Clark County, Nevada, By Jurisdiction 2006-2016, Elia Del Carmen Solano-Patricio, Caitlin Saladino, William E. Brown Jr.

Criminal Justice

Criminal arrests in Southern Nevada are on a downward trend. Despite a record-setting influx in population across the Las Vegas Valley and the surrounding metro area, officers in each of Clark County’s police jurisdictions arrest fewer people every year. The present study utilizes the Arrest Trends Tool created by the Vera Institute of Justice and the FBI’s Uniform Crime Reporting (UCR) Program to measure the number of arrests made over ten years for a variety of illegal activities, including drug abuse, violence and murder, property crimes, sex crimes, alcohol-related crimes, theft, white collar crimes, and other offenses. This data set …


The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh 2019 CUNY John Jay College

The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh

Student Theses

Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then …


The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley 2019 Seattle University School of Law

The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley

Seattle University Law Review

Mass violence and third-party criminal acts are increasing in prevalence, and Washington State's current prior incidents liability analysis does not fully address public policy concerns of safety. This Comment argues for an expansive standard of the definition of character of the business that incorporates a sociological understanding of the effects of an atmosphere of crime. It provides an overview of the various state analyses for determining liability for third-party criminal conduct and breaks down how states have incorporated the concept of character of the business as a factor in liability analysis, ultimately turning to a discussion of how the implementation …


Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent 2019 Merrimack College

Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent

Criminology Student Work

This analysis is concerned with understanding the facets of criminal justice diversion programs that successfully improve the mental wellbeing of participants and, as a subsequent effect, reduce offending amongst the mentally ill populous in the United States. An inquiry of pre-program and post-program data from both adult and juvenile mental health specific programs reveals that participation amongst both groups shows a meaningful reduction in new/repeat offending in comparison to non-participants. The data shows that the expansion of law enforcement Crisis Intervention Team’s (CIT’s) has a compounding effect to the positive results. A review of these programs in Australia indicates that …


Response To 'Reverse Al Capone-Ism' And The Tax Treatment Of Marijuana Businesses, Douglas A. Kahn, Howard J. Bromberg 2019 University of Michigan Law School

Response To 'Reverse Al Capone-Ism' And The Tax Treatment Of Marijuana Businesses, Douglas A. Kahn, Howard J. Bromberg

Other Publications

Mr. Silverberg’s comment stresses that the proponents of the legalization of marijuana have not been able to convince Congress to legalize it, and so it is appropriate for Congress to penalize trafficking in that drug. Apparently, he sees our contention that the penalty adopted in I.R.C. § 280E is irrational and contravenes established punitive jurisprudence as a backdoor attempt to accomplish indirectly, by weakening the penalties on the marijuana businesses, what has not been able to be accomplished by those seeking its federal legalization. That was not the motive for our proposal and is not a fair reading of our …


Response To Dude, Where's My Deduction?, Douglas A. Kahn, Howard J. Bromberg 2019 University of Michigan Law School

Response To Dude, Where's My Deduction?, Douglas A. Kahn, Howard J. Bromberg

Other Publications

Mr. Pullin’s thesis is that marijuana should be excluded from § 280E when it is operated legally under state law. However, his preferred solution is that the federal government remove marijuana from Schedules I and II of the Controlled Substances Act of 1970 (CSA), thereby legalizing it for federal law purposes. Either action would exclude the marijuana business from § 280E.


Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark 2019 University of Maine School of Law

Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark

Maine Law Review

Access to counsel for criminal defendants is a continuing challenge in rural localities, notwithstanding the mandates of Sixth Amendment jurisprudence. In this Article, we first review the state of the law on access to counsel in criminal cases, noting the latitude allowed to state and local governments in their policy decisions. We then examine empirical approaches to measuring access to counsel and describe in detail both the law and the data on this issue from the state of Texas. We present exploratory analyses of those data comparing rural and urban places for various aspects of access to counsel, including rules …


Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero 2019 University of Maine School of Law

Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero

Maine Law Review

Rural areas throughout the country, including those in Maine, are beginning to navigate the challenges and benefits of burgeoning communities of color. District Attorneys’ offices in the state, however, have done little to prepare for this major demographic shift. Maine district attorneys must expand their understanding of their duties to do justice and assure access to justice by better serving rural Mainers of color. While a number of scholars have focused on the legal challenges communities of color face in urban environments as well as those faced by what have been presumed to be White communities in rural areas, this …


Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird 2019 Brigham Young University Law School

Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird

Brigham Young University Journal of Public Law

No abstract provided.


Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans 2019 Kings College, London

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."


“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster 2019 American Civil Liberties Union - Washington

“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster

Seattle Journal for Social Justice

No abstract provided.


Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule, John Austin Morales 2019 St. Mary's University School of Law

Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule, John Austin Morales

St. Mary's Law Journal

The Sixth Amendment safeguards an accused in criminal proceedings and affords them “the right to a speedy and public trial, by an impartial jury.” Consistent with this right, the no-impeachment rule prohibits a juror from testifying after a verdict has been handed down about the jurors’ deliberations. While there are limited exceptions to the no-impeachment rule, juror expressed racial bias is not one of them. When presented with the dilemma of a juror using racial bias in deliberations, courts must weigh two competing doctrines that serve as the foundation to our judicial system: (1) affording a defendant his or her …


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