Topic
Criminal Law and Procedure
Posts
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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 -
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