Topic
Criminal Law and Procedure
Posts
-
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 -
NoteVol. 98 · Iss. 5
“Extraordinary and Compelling” Circumstances: Revisiting the Role of Compassionate Release in the Federal Criminal Justice System in the Wake of the First Step Act
This Note considers the constitutional implications and policy concerns arising from the updated compassionate release mechanism. Part I of this Note traces the statutory development of…
Siobhan O'Carroll -
ArticleVol. 98 · Iss. 4
Police Prosecutions and Punitive Instincts
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions…
Kate Levine -
NoteVol. 90 · Iss. 6
When the Facts and the Law Are Against You, Argue the Genes?: A Pragmatic Analysis of Genotyping Mitigation Defenses for Psychopathic Defendants in Death Penalty Cases
The penalty phase in a capital case represents the most challenging, yet important part of the trial. Once a trial progresses to this stage,…
Brett Walker -
ArticleVol. 90 · Iss. 5
Blackness as Delinquency
This is one of the first law review article to analyze both the role of ?blackness? in shaping the first juvenile court and the…
Cheryl Nelson Butler -
ArticleVol. 90 · Iss. 4
Police Misconduct as a Cause of Wrongful Convictions
This study gathers data from two mass exonerations resulting from major police scandals, one involving the Rampart division of the L.A.P.D., and the other…
Russell Covey -
ArticleVol. 98 · Iss. 1
The Court and the Suspect: Human Frailty, the Calculating Criminal, and the Penitent in the Interrogation Room
With each new Supreme Court opinion, Miranda v. Arizona increasingly resembles an aging film star, making a major splash when first coming onto the…
Scott E. Sundby -
NoteVol. 98 · Iss. 1
Lies Behind Bars: An Analysis of the Problematic Reliance on Jailhouse Informant Testimony in the Criminal Justice System and a Texas-Sized Attempt to Address the Issue
The advent of DNA technology in the late 1980s led to a wave of exonerations in the United States, shedding light on major problems…
Luke G. Allen