The NCSL Blog

Civil and Criminal Justice

17
Supreme Court to Decide if States May Execute Those Who Can’t Remember their Crime

In Madison v. Alabama the Supreme Court will decide whether a state may execute someone whose mental disability leaves him or her with no memory of committing the capital offense.

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12
Opioid Policy Trends Continue in 2018 Legislative Sessions

Drug overdose deaths appear to have reached a record high in 2017, according to new data from the Centers for Disease Control and Prevention.

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11
Supreme Court to Decide Off-Reservation Hunting Case

Clayvin Herrera, a member of the Crow tribe, shot an elk in Big Horn National Forest in Wyoming, and was charged with hunting without a license during a closed season. Herrera claims that an 1868 treaty giving the Crow the right to hunt on the “unoccupied lands of the United States” allowed him to hunt on this land.

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04
Legislators Explore Causes, Consequences of Older Inmates

The problem is clear. The number of state prisoners over the age of 55 is skyrocketing. And the cost to incarcerate and care for this population is unsustainable.

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29
State Authority Under Double Jeopardy Clause on Line in SCOTUS Case

The Fifth Amendment’s Double Jeopardy Clause, which prohibits a person from being prosecuted more than once for the same conduct, is a familiar concept.

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29
California Is Latest State to Change Bail

With the enactment of Senate Bill 10 on Tuesday, California becomes the first state to statutorily eliminate money bail as an available condition of pretrial release.

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14
Will SCOTUS' Halloween-Month Case Be Trick or Treat for Landowners?

What better time than the month of Halloween for the Supreme Court to hear a case centered on a cemetery?

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02
Reforming the Juvenile Justice System by Keeping Kids Out of It

Los Angeles—The key to helping juveniles who become involved in the criminal justice system? Make sure they avoid it in the first place.

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31
The Crossroads of Cannabis, Federal Law and the States

Los Angeles—Federal law continues to ban medical or recreational marijuana, which means states have to navigate carefully through any legalization efforts. However, notable developments this year might make it easier to regulate cannabis, Vanderbilt law professor Robert Mikos told a session of NCSL's Legislative Summit.

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02
Supreme Court Sends Qualified Immunity Win Back to Lower Court

Numerous academics have complained about the Supreme Court frequently reversing lower court decisions that have denied police officers qualified immunity. In Sause v. Bauer the Court reversed (and remanded) a grant of qualified immunity.

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About the NCSL Blog

This blog offers updates on the National Conference of State Legislatures' research and training, the latest on federalism and the state legislative institution, and posts about state legislators and legislative staff. The blog is edited by NCSL staff and written primarily by NCSL's experts on public policy and the state legislative institution.