Topic
Criminal Law and Procedure
Posts
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CommentaryVol. 104 · Iss. 2
Clemency and Public Opinion: A Survey of Missouri Voters
Executive clemency presents a law and policy puzzle. The executive power to grant clemency is quite broad and unregulated; historically, it was frequently exercised.…
Nicholas Scurich, Brandon L. Garrett, Richard S. John & T.C. Tanski -
ArticleVol. 104 · Iss. 2
Fairness and Excess in Asset Forfeiture
Every year, federal, state, and local law enforcement agencies take ownership of billions of dollars’ worth of property that is thought to be connected…
Stephanie Holmes Didwania & Matthew B. Kugler -
ArticleVol. 104 · Iss. 1
Fiscally Restraining Criminal Lawmaking
Lawmakers face strong political incentives to criminalize ever more conduct and punish it more harshly, even when adding a new crime or increasing sentence…
Russell M. Gold & Leah Nelson -
CommentaryVol. 104 · Iss. 1
Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration
In this Commentary, we introduce the refundable fine, a novel mechanism designed to rehabilitate low- to mid-level first-time offenders and to improve the criminal…
Gideon Parchomovsky & Alex Stein -
NoteVol. 103 · Iss. 5
From Day Cares to City Halls: Prosecuting Fraud and Reforming Oversight in Federal Programs
Abstract State agencies and local nonprofits play a critical role in addressing social problems, by administering federal programs and distributing aid. To uphold the…
Ethan Kadet -
NoteVol. 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 -
NoteVol. 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