Topic
Criminal Law and Procedure
Posts
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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 -
NoteVol. 92 · Iss. 5
The Inbetweeners: Standardizing Juvenileness and Recognizing Emerging Adulthood for Sentencing Purposes After Miller
In June 2012, the United States Supreme Court decided Miller v. Alabama, marking significant progress in the Court’s Eighth Amendment jurisprudence regarding juvenile offenders.…
Kevin J. Holt -
ArticleVol. 92 · Iss. 4
Legalization Conflicts and Reliance Defenses
This Article addresses an open question of pressing practical import—whether people and businesses operating in the shadow of a legalization conflict have a reliance…
Mary D. Fan -
CommentaryVol. 92 · Iss. 3
Epilogue: Moral Panics and Body Cameras
This brief follow-up to Moral Panics and Body Cameras comments on the weeks after that essay was published and what those events show about…
Howard M. Wasserman -
CommentaryVol. 92 · Iss. 3
Moral Panics and Body Cameras
This Commentary uses the lens of “moral panics” to evaluate public support for equipping law enforcement with body cameras as a response and solution…
Howard M. Wasserman -
NoteVol. 91 · Iss. 5
A Change in the Environment of Plea Bargaining: Using the Inspiration of Administrative Procedural Safeguards Like NEPA to Add Process Protections
Plea bargaining has evolved into the most prominent way criminal justice is administered in the United States today, even though it is met with…
Jared R. Jedick