Topic
Criminal Law and Procedure
Posts
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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 -
ArticleVol. 89 · Iss. 3
Arbitrary Death: An Empirical Study of Mitigation
The Supreme Court has long viewed mitigation evidence as key to saving the death penalty from constitutional challenge. Mitigation evidence about a capital defendant’s…
Emily Hughes -
ArticleVol. 89 · Iss. 3
Theorizing Mental Health Courts
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the…
E. Lea Johnston -
NoteVol. 89 · Iss. 2
Sex Offenders Are Different: Extending Graham to Categorically Protect the Less Culpable
Phillip Alpert was seventeen years old when his then-sixteen-year-old girlfriend sent him nude photos. A year later at age eighteen, during a breakup, Alpert…
Eric J. Buske -
NoteVol. 89 · Iss. 1
Bringing RICO to the Ring: Can the Anti-Mafia Weapon Target Dogfighters?
Dog Number 118 had no front lips. Her nose was torn and lopsided. Her crooked, broken teeth stood out without protection, constantly exposed to…
Matthew C. Heger