Topic
Criminal Law and Procedure
Posts
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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 -
ArticleVol. 94 · Iss. 5
Policing Predictive Policing
Predictive policing is sweeping the nation, promising the holy grail of policing—preventing crime before it happens. The technology has far outpaced any legal or…
Andrew Guthrie Ferguson -
ArticleVol. 94 · Iss. 4
Prosecutorial Analytics
The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable…
Jason Kreag -
NoteVol. 95 · Iss. 2
How Lambis and CSLI Litigation Mandate Warrants for Cell-Site Simulator Usage in New York
Over the years, various federal, state, and local law enforcement agencies have enjoyed the growth and development of technology in aiding their efforts to…
Cindy D. Ham -
ArticleVol. 95 · Iss. 2
Who Should Own Police Body Camera Videos?
Numerous cities, states, and localities have adopted police body camera programs to enhance police accountability in the wake of repeated instances of police misconduct,…
Laurent Sacharoff & Sarah Lustbader -
CommentaryVol. 95 · Iss. 1
Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant
Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness…
John P. Gross