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- Title
THE DUE PROCESS LIMITS OF STATUTORY ALTERNATIVE METHODS: AN ABSENT ANALYSIS IN NORTH DAKOTA ALTERNATIVE METHODS JURISPRUDENCE.
- Authors
HUSHKA, DREW J.
- Abstract
111 State v. Gardner, the North Dakota Supreme Court considered whether North Dakota's child abuse statute created separate crimes or merely alternative methods of committing the singular offense of child abuse. The North Dakota Supreme Court ultimately held the statute created alternative methods of committing the singular crime of child abuse based on the plain language and legislative history of North Dakota Century Code Section 14- 09-22. But the North Dakota Supreme Court ended its analysis of the statute there and did not consider whether the statutory alternative methods violated the defendant's right to due process. Despite repeatedly analyzing whether statutes providing alternative methods of committing a singular crime, the North Dakota Supreme Court has yet to opine on the related-and necessary--question of when the creation of statutory alternative methods violates a criminal defendant's right to due process. As a result, a gap exists in North Dakota jurisprudence regarding when alternative method statutes adopted by the North Dakota Legislature will violate a criminal defendant's right to due process. This article outlines that gap, identifies potential answers provided by other courts, and analyzes how the resolution of this open question could affect "settled" North Dakota law.
- Subjects
NORTH Dakota. Supreme Court; DUE process of law; CHILD abuse; CRIMINAL defendants; LEGISLATIVE histories
- Publication
North Dakota Law Review, 2024, Vol 99, Issue 1, p91
- ISSN
0029-2745
- Publication type
Article