Topic
Pretrial Detention
Posts
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ArticleVol. 101 · Iss. 6
In the Shadows of Suffering
Reform. Abolish. Minimize. Criminal law scholars broadly understand that we need to do *something* about our penal system and the problem of mass incarceration.…
Daniel S. Harawa -
ArticleVol. 101 · Iss. 6
Illegitimate Choices: A Minimalist(?) Approach To Consent And Waiver In Criminal Cases
People suspected or convicted of crimes are constantly confronted with choices that can have significant impact on their liberty interests. They may be asked…
Christopher Slobogin & Kate Weisburd -
Online2021
Appellate Jurisdiction in Sanchez-Gomez: A Hard Case That Should Be Easy
Introduction In 2013, the Southern District of California adopted a rule requiring all criminal defendants to appear in full restraints—hands cuffed and…
Bryan Lammon -
CommentaryVol. 96 · Iss. 3
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering…
Megan T. Stevenson & Christopher Slobogin -
CommentaryVol. 98 · Iss. 2
Inmate Constitutional Claims and the Scienter Requirement
Scholars have criticized requirements that inmates prove malice or deliberate indifference to establish constitutional claims against corrections officials. The Eighth Amendment currently requires convicted…
Ann Woolhandler & Michael Collins -
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 -
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