Topic
Criminal Law and Procedure
Posts
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ArticleVol. 97 · Iss. 5
Denialism and the Death Penalty
The persistence of capital punishment as a constitutional form of punishment in the United States reflects deep denialism about the practice and the role…
Jenny-Brooke Condon -
ArticleVol. 91 · Iss. 4
The Anomaly of Entrapment
Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying…
Jessica A. Roth -
CommentaryVol. 91 · Iss. 3
Misconstruing Graham & Miller
In the last three years, the Supreme Court has decreed a sea change in its juvenile Eighth Amendment jurisprudence. In particular, in Graham v.…
Cara H. Drinan -
NoteVol. 91 · Iss. 2
Juvenile Life Without Parole Post- Miller: The Long, Treacherous Road Towards a Categorical Rule
For the better part of a decade, life without the possibility of parole (“LWOP”) has been the United States’ harshest constitutional penalty for juvenile…
Sean Craig -
NoteVol. 97 · Iss. 3
Littering for $500: How Does Judicial Estoppel Solve the Problems that Factually Baseless Pleas Pose to the Double Jeopardy Clause?
A factually baseless plea is one entered by a defendant for an offense that the defense, prosecution, and judge know that the defendant did…
Rob Mangone -
NoteVol. 97 · Iss. 3
Statutory Speedy Trial Period Calculations for Dismissed and Refiled Charges: A Case Study of Colorado’s Approach
Colorado’s current approach of allowing the speedy trial period to restart creates too large a loophole in the state’s statutory right to a speedy…
Marie Zoglo -
NoteVol. 97 · Iss. 2
Border Searches of Electronic Devices
In fiscal year 2018, U.S. Customs and Border Protection (“CBP”) searched 33,295 electronic devices at the border without first needing a warrant. In fiscal…
Rebecca M. Rowland -
ArticleVol. 97 · Iss. 2
Technologically Distorted Conceptions of Punishment
Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing…
Jessica M. Eaglin -
ArticleVol. 97 · Iss. 2
Criminal Clear Statement Rules
There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly…
Carissa Byrne Hessick & Joseph E. Kennedy -
CommentaryVol. 97 · Iss. 1
Perjury by Omission
“Do you swear to tell the truth, the whole truth, and nothing but the truth?” There are few legal phrases that the layperson can…
Ira P. Robbins -
NoteVol. 97 · Iss. 1
Should the Use of Automated License Plate Readers Constitute a Search After Carpenter v. United States?
Introduction Are our privacy interests implicated when police keep records of each and every time our cars are spotted by automated license plate readers?…
Stephanie Foster -
ArticleVol. 97 · Iss. 1
Racial Antagonism, Sexual Betrayal, Graft, and More: Rethinking and Remedying the Universe of Defense Counsel Failings
Is a defendant entitled to a new trial when his counsel has repeatedly spouted ugly racial stereotypes and used racial epithets in referring to…
Sheri Lynn Johnson