Kids Will Be Kids: Time For A "Reasonable Child" Standard For The Proof Of Objective Mens Rea Elements,
2017
University of Maine School of Law
Kids Will Be Kids: Time For A "Reasonable Child" Standard For The Proof Of Objective Mens Rea Elements, Christopher M. Northrop, Kristina R. Rozan
Maine Law Review
In a line of recent cases that have rocked the world of juvenile law, the Supreme Court relied on the latest brain science research with the timeless knowledge of parents to state forcefully and repeatedly that children are more impetuous, more vulnerable to outside pressures, less depraved, and less culpable for their actions than adults are. Yet criminal statutes refer to the “reasonable person” standard, which does not take into account the age of the accused as the benchmark for guilt or innocence. In doing so, we hold children to an irrelevant and arguably unfairly demanding behavioral ideal, and criminalize …
Habeas As Forum Allocation: A New Synthesis,
2017
University of Miami Law School
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
University of Miami Law Review
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme Court; after 1953, …
Newsroom: Rwu Wins Cyber Crime Moot At Ucla 04-24-2017,
2017
Roger Williams University
Newsroom: Rwu Wins Cyber Crime Moot At Ucla 04-24-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants,
2017
Barry University School of Law
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
Barry Law Review
No abstract provided.
Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution,
2017
Pepperdine University
Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson
Pepperdine Law Review
Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no more believable or less believable than anyone else. Jury instructions regarding police officer testimony stand in contrast to the instructions given to jurors when a witness with a legally recognized interest in the outcome of the case has testified. …
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski
Nevada Supreme Court Summaries
The Court determined that NRS 30.130, which concerns the Attorney General’s right to be notified and an opportunity to be heard in constitutional challenges to Nevada statutes, does not apply to criminal proceedings. Instead, NRS 30.130 only refers to a proceeding for declaratory relief, which is treated as a civil action.
People V. Selikoff: The Route To Rational Plea Bargaining,
2017
St. John's University School of Law
People V. Selikoff: The Route To Rational Plea Bargaining, John F. Byrne
The Catholic Lawyer
No abstract provided.
Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases,
2017
Federal Public Defender Office, District of Nevada
Cooperative Federalism: Nevada’S Indigent Defense Crisis And The Role Of Federal Courts In Protecting The Right To Counsel In Non-Capital Cases, Randolph Fiedler, Megan Hoffman, Jonathan Kirshbaum
Nevada Law Journal Forum
In Martinez v. Ryan, the United States Supreme Court held the ineffective assistance of post-conviction counsel, or the lack of representation in a state post-conviction proceeding, provides cause to allow a federal habeas petitioner to overcome a procedural default on an ineffective assistance of trial counsel claim. This represented a radical shift in the criminal justice system. Prior to Martinez, state post-conviction proceedings—the typical mechanism for a criminal defendant to challenge the performance of his trial attorney—were not heavily scrutinized. It was understood and accepted that defendants did not have the right to counsel in these post-conviction proceedings. Whether a …
Islam Is The New Black: Muslim Perceptions Of Law Enforcement,
2017
Boise State University
Islam Is The New Black: Muslim Perceptions Of Law Enforcement, Jesenia Robles
McNair Scholars Research Journal
Research shows that healthy police-community relationships are important for an effective police department. However, although many studies have investigated the relationship between racial minorities and police, only a small portion focus on the Islamic community. This is problematic because hostility towards the Islamic community has been on the rise in the United States (US) since the attacks of 9/11 (Jackson, 2010), and current Middle Eastern conflicts have led to an influx of Muslim refugees into the US. This has further diversified neighborhoods and is the reason that it is just as imperative to explore police-Muslim interactions as it is to …
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation,
2017
Washington University School of Law
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff
Fordham Law Review
Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation,
2017
Washington University School of Law
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff
Fordham Law Review
Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.
A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance,
2017
University of Illinois College of Law
A Lost Opportunity For Sentencing Reform: Plea Bargaining And Barriers To Effective Assistance, Margaret Etienne
South Carolina Law Review
No abstract provided.
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts,
2017
The Ohio State University Moritz College of Law
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle
South Carolina Law Review
No abstract provided.
Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina,
2017
University of South Carolina
Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein
South Carolina Law Review
No abstract provided.
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement,
2017
University of South Carolina
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate
South Carolina Law Review
No abstract provided.
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right,
2017
Washington and Lee University School of Law
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases,
2017
ACLU Criminal Law Reform Project
Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas
Fordham Law Review
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …
Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases,
2017
American Civil Liberties Union
Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas
Faculty Publications By Year
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.
The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …
I Am Not Law Enforcement! Why The Special Needs Exception To The Fourth Amendment Should Apply To Caseworkers Investigating Allegations Of Child Abuse,
2017
Benjamin N. Cardozo School of Law
I Am Not Law Enforcement! Why The Special Needs Exception To The Fourth Amendment Should Apply To Caseworkers Investigating Allegations Of Child Abuse, Lauren Kobrick
Cardozo Law Review
The note examines the application of the Fourth Amendment's special needs doctrine in child abuse investigations, advocating for the adoption of a primary purpose test to determine the doctrine's applicability. It critiques the inconsistent approaches across circuits and proposes this test to clarify when warrantless searches and seizures by caseworkers are constitutional, ensuring a balance between child protection and Fourth Amendment protections.
Statewide Rules Of Criminal Procedure: A 50 State Review,
2017
Nevada Law Journal
Statewide Rules Of Criminal Procedure: A 50 State Review, Emily Dyer, Chelsea Stacey, Adrian Viesca
Nevada Law Journal Forum
Nevada is amongst the minority of states without statewide criminal procedure rules. Statewide rules are important because they promote fairness, regularity, and transparency regardless of where in the state a criminal case is being adjudicated and who it is being adjudicated in front of. This report intends to compare the varying states’ criminal procedure rules, to provide Nevada’s legal community with an awareness of how rules can be structured, what rules are included, and how rules interact with statutes and other court rules. If Nevada chooses to follow in the path of the forty-seven states and develop statewide criminal procedure …
