Topic
Criminal Law and Procedure
Posts
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ArticleVol. 103 · Iss. 4
From Victim to Defendant: Advocating for Child Rights of Child Sex Trafficking Victims who Commit Any Criminal Offense as a Result of Their Victimization
Chrystul Kizer. Cyntoia Brown. Pieper Lewis. Alexis Martin. These names represent just a handful of survivors of child sex trafficking (CST) who committed violent…
Amanda N. Ghibaudo -
ArticleVol. 103 · Iss. 3
Good Kids, m.A.A.d State: Effects of Georgia House Bill 462 and Keeping the Age of Criminal Responsibility for Gang-Related Crimes Under Eighteen
Despite decades of proposed legislation and cries for juvenile justice reform, Georgia cannot cross the finish line—it is one of only three U.S. states…
Danielle S. Williams -
ArticleVol. 103 · Iss. 3
The Surveillance of System-Adjacent Individuals
Although the Fourth Amendment protects against “unreasonable searches and seizures,” this right is not enjoyed by all people equally. Supreme Court jurisprudence has curtailed…
Mariam A. Hinds -
ArticleVol. 103 · Iss. 2
The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?
Fourth Amendment law has two “search” tests: The Katz privacy test and the Jones property test. Lower courts are not sure what the difference…
Orin S. Kerr -
ArticleVol. 103 · Iss. 2
Policing Children’s Data
In recent years, advances in policing technology have dramatically expanded law enforcement’s ability to access data. This includes children’s data—their photographs, text messages, geolocation…
Nila Bala -
ArticleVol. 103 · Iss. 1
Cliff Running
Professionals must at times make snap judgments that have profound consequences. Does a doctor perform an otherwise forbidden abortion to preserve a patient’s failing…
Dov Fox & William Ortman -
CommentaryVol. 102 · Iss. 5
Grants Pass and the Pathology of the Criminal Law
Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping in public, even for people who have no…
Ben A. McJunkin -
ArticleVol. 102 · Iss. 5
Prosecutorial Reform and The Myth of Individualized Enforcement
A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders…
Justin Murray -
ArticleVol. 102 · Iss. 4
A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation…
Sam J. Merchant -
ArticleVol. 102 · Iss. 2
The Rule of Lenity and Affirmative Defenses
The rule of lenity is undergoing a renaissance. Lenity requires courts to construct ambiguous penal statutes narrowly. In recent years, scholars have sought to…
Steffen Seitz -
ArticleVol. 102 · Iss. 1
Criminal Recordkeeping
Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records…
Andrew K. Jennings -
ArticleVol. 101 · Iss. 6
Criminal Law Minimalisms
What is criminal law minimalism? At first blush, minimalism appears to be the sober and sensible cousin of abolition. Where the language of abolition…
Benjamin Levin