Topic
Criminal Law and Procedure
Posts
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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 -
NoteVol. 98 · Iss. 1
Justice by Luck: How Unclear Records Force Some Unlucky Prisoners to Serve Unconstitutional Sentences in the Wake of Johnson v. United States
The Armed Career Criminal Act (ACCA) imposes mandatory minimum sentences on individuals convicted of being a felon in possession of a firearm who have…
Nicholas C. Coyle -
ArticleVol. 98 · Iss. 1
Compassionate Homicide
Ample psychological studies demonstrate that emotions provide reasons for action and are powerful drivers of a host of behaviors, including criminal acts. Studies further…
Michal Buchhandler-Raphael -
CommentaryVol. 89 · Iss. 6
Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication
The Supreme Court’s 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal…
Christopher Slobogin -
CommentaryVol. 89 · Iss. 5
A Due Process Right to Record the Police
Do citizens have a right to record the actions of law enforcement officers? This topic has been the subject of considerable discussion, and no…
Glenn Harlan Reynolds & John A. Steakley -
NoteVol. 89 · Iss. 3
How ‘Reasonable’ Has Become Unreasonable: A Proposal for Rewriting the Lasting Legacy of Jackson v. Indiana
Inquiry into a defendant’s competence to stand trial has been termed “the most significant mental health inquiry pursued in the system of criminal law.”…
Nicholas Rosinia