Topic
Criminal Law and Procedure
Posts
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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 -
ArticleVol. 96 · Iss. 5
Second-Best Criminal Justice
Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best”…
William Ortman -
CommentaryVol. 96 · Iss. 3
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering…
Megan T. Stevenson & Christopher Slobogin -
ArticleVol. 96 · Iss. 1
Evolved Standards, Evolving Justices? The Case for a Broader Application of the Eighth Amendment
In its Eighth Amendment cases, the Supreme Court has often cited counter-majoritarian considerations as the basis for exercising judicial restraint. As a result, excessive…
William W. Berry -
ArticleVol. 93 · Iss. 6
Unraveling Unlawful Command Influence
Military commanders are not just officers leading soldiers into battle. In the military justice system, they also serve quasi-prosecutorial roles and decide what charges…
Monu Bedi -
CommentaryVol. 93 · Iss. 1
The Right to a Public Trial and Closing the Courtroom to Disruptive Spectators
The Sixth Amendment to the United States Constitution provides, in part, that “[i]n all criminal prosecutions, the accused shall enjoy the right to a…
Stephen E. Smith -
ArticleVol. 93 · Iss. 1
The Right to Remain Armed
The laws governing gun possession are changing rapidly. In the past two years, federal courts have wielded a revitalized Second Amendment to invalidate longstanding…
Jeffrey Bellin -
ArticleVol. 92 · Iss. 6
Asymmetry as Fairness: Reversing a Peremptory Trend
A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary…
Anna Roberts