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Affirmation of inherent tribal power to police blurs civil and criminal Indian law tests

SCOTUSBlog

The defendant in the case, Joshua James Cooley, was arrested after a tribal police officer noticed his truck idling on the side of a highway that runs through the Crow Indian Reservation in Montana. In Montana v. This extension of Montana to more than strictly civil cases is noteworthy for three reasons.

Laws 125
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Most U.S. Prosecutors ‘Routinely’ Support Harsh Punishments: Study

The Crime Report

American prosecutors act as “active lobbyists who routinely support making the criminal law harsher,” said the report, noting that more than 22,000 criminal law and criminal justice bills were introduced in state legislatures during the four-year period under review.

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In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country

SCOTUSBlog

But Congress never terminated the reservation, nor did it authorize Oklahoma to enforce its criminal laws on the reservation. Black-letter federal law provides that, since at least Worcester v. The Draper case, on the other hand, involved Montana, which did disclaim jurisdiction over Indian country.

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Path To Well-Being In Law: Episode 19 – Matt Thiese

ALPS

Looking at different types of practice, whether criminal litigator or transactional law, so on and so forth, as well as looking at the size of the firm. If someone is a sole practitioner in criminal law in a rural setting, is that sort of just an additive effect in terms of challenges there? Or is it compounded?

Laws 95
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Why Do We Treat Sex Crimes Differently Than Other Violent Crimes?

The Crime Report

In “ Sex Exceptionalism in Criminal Law, ” Gruber argues that treating sex crimes differently than other crimes is not natural or neutral but rather has a political history that should be examined. Gruber asked.

Mens Rea 140
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New York Jury Finds Time Square Killer “Not Responsible” for Killing or Injuring 23 People

JonathanTurley

Four states—Kansas, Utah, Idaho, and Montana—have eliminated the defense entirely and only an estimated one percent of all felony cases involve an insanity plea. However, the defense argued that this was not indifference but insanity. It is fairly rare to win a case on the grounds of an insanity defense. Roughly a quarter are successful.

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Tree Cutting Dispute Leads to Murder Charges in Florida

JonathanTurley

We have previously discussed Castle Doctrine laws or “make my day” laws, including other cases involving garage shootings or shootings off the property of the homeowner. This includes the Montana case of Brice Harper, 24, who gunned down Dan Fredenberg, 40, in his garage.

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