Topic
Criminal Law and Procedure
Posts
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ArticleVol. 99 · Iss. 2
The Just Prosecutor
Abstract As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration.…
Brandon Hasbrouck -
ArticleVol. 99 · Iss. 1
Crime and the Mythology of Police
ABSTRACT The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and…
Shima Baradaran Baughman -
NoteVol. 87 · Iss. 4
Left Behind: The Paternalistic Treatment of Status Offenders Within the Juvenile Justice System
In the last half century, the juvenile justice system has changed dramatically. Through changes to legislation, various state and federal court decisions, and attitudinal…
Julie J. Kim -
NoteVol. 87 · Iss. 2
Criminal Liability for Internet Culprits: The Need for Updated State Laws Covering the Full Spectrum of Cyber Victimization
On October 16, 2006, Tina Meier found her thirteen-year-old daughter, Megan, hanging from a belt inside her closet. The situation was a tragedy from…
Kate E. Schwartz -
CommentaryVol. 88 · Iss. 5
Executive Weapons to Combat Infection of the Art Market
Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that…
Jennifer Anglim Kreder -
ArticleVol. 88 · Iss. 5
The “Youngest Profession”: Consent, Autonomy, and Prostituted Children
Although precise statistics do not exist, data suggest that the number of children believed to be at risk for commercial sexual exploitation in the…
Tamar R. Birckhead -
NoteVol. 88 · Iss. 4
Shake and Bake: The Meth Threat and the Need to Rethink 21 U.S.C. § 841(C)(2)
21 U.S.C. § 841(c)(2) (the “pseudoephedrine statute”) imposes a prison term of up to twenty years for any person who “distributes a listed chemical…
Raphael S. Nemes -
ArticleVol. 88 · Iss. 4
Cooperation’s Cost
This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants the opportunity to receive reduced…
Miriam Hechler Baer -
ArticleVol. 88 · Iss. 4
Disentangling Child Pornography from Child Sex Abuse
Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised…
Carissa Byrne Hessick -
NoteVol. 88 · Iss. 2
Kimbrough, Spears, and Categorical Rejection: The Latest Additions to the Family of Federal Sentencing Policy Cases
In the past three decades, the federal sentencing system has been in a state of flux. At the core of the debate, and at…
Sophia A. Vandergrif -
ArticleVol. 87 · Iss. 1
The Next Innocence Project: Shaken Baby Syndrome and the Criminal Courts
Every year in this country, hundreds of people are convicted of having shaken a baby, most often to death. In a prosecution paradigm without…
Deborah Tuerkheimer -
ArticleVol. 94 · Iss. 6
The Third-Party Doctrine and the Future of the Cloud
When the government seeks electronic documents held in the cloud, what legal standard should apply? This simple question raises fundamental questions about the future…
Neil Richards