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Articles 1 - 30 of 472
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Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Pepperdine Law Review
Crimes make for compelling stories. So juries make for an eager audience. Jurors want to—indeed, expect to—learn what the defendant did, how they did it, and why they deserve punishment. Capable prosecutors know how to deliver. Trial narratives empower jurors to link discrete pieces of evidence and infer facts from circumstantial proof. Only then can they render a verdict consistent with their sense of justice. Federal courts thus afford wide leeway for prosecutors to present their case as they please, with the evidence at their disposal. The Federal Rules of Evidence delineates the scope of that discretion. Under Rule 404(b), …
De-Facto-Life And The Rare Juvenile, Julie Burke
De-Facto-Life And The Rare Juvenile, Julie Burke
Mississippi College Law Review
We have all been young once. We all remember doing stupid things with our friends growing up. Now imagine if one of those decisions caused you to be thrown into prison for the rest of your life. Despite the United States Supreme Court[s decisions that sentencing juveniles to life in most cases is unconstitutional, lower courts are still giving juveniles de-facto-life sentences.
The United States Supreme Court has recognized that children are different from adults in several recent cases. In 2005, Roper v. Simmons, the Court held that it is unconstitutional to sentence a juvenile to death. More pertinent to …
Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins
Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins
UMKC Law Review
The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?
This Article seeks to answer that question by scrutinizing …
The Automated Fourth Amendment, Maneka Sinha
The Automated Fourth Amendment, Maneka Sinha
Emory Law Journal
Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible.
Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …
The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan
The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan
American University International Law Review
In little more than twenty-five years, the field of international criminal law has grown from a small slice of public international law into a functioning system of international justice, complete with multiple juridical bodies and substantial scholarly attention. Building on the legacy of the Nuremberg Tribunals and drawing from international humanitarian law, human rights law, and domestic criminal law principles, international criminal law has become its own discipline. Creating any new field of law is a complicated endeavor; this is especially true when the field affects and is affected by so many politically sensitive issues. Throughout this doctrinal experiment, one …
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Catholic University Journal of Law and Technology
No abstract provided.
Age Is Not Just A Number: Problems With Florida’S Statutory Minimum Age For Juvenile Delinquency And Why It Must Be Increased, Natalie Brooks
Age Is Not Just A Number: Problems With Florida’S Statutory Minimum Age For Juvenile Delinquency And Why It Must Be Increased, Natalie Brooks
FIU Law Review
Under a Florida law enacted in 2021, any child over the age of six years old can be arrested and subjected to juvenile delinquency proceedings. Florida, as well as the United States in general, is an outlier when it comes to statutory minimum ages for juvenile delinquency. The most common and recommended minimum age internationally is fourteen years old, and many studies show that arresting, charging, and adjudicating children below the age of fourteen is counterproductive, as it leads to increased recidivism, potentially violates due process, and leaves lasting negative effects on children. This comment will discuss juvenile delinquency in …
Hostility Is In The Eye Of The Beholder: Why Congress Should Decriminalize Hostile Work Environment Sexual Harassment In The Military, Adam J. Crane
Hostility Is In The Eye Of The Beholder: Why Congress Should Decriminalize Hostile Work Environment Sexual Harassment In The Military, Adam J. Crane
Criminal Law Practitioner
In 2022, for the first time in American history, Congress enacted legislation criminalizing hostile work environment sexual harassment. More serious types of sexual harassment have long been criminal under the Uniform Code of Military Justice, but hostile work environment harassment is a civil wrong, not a crime, and should not have been made into one. Section 539D of the National Defense Authorization Act for Fiscal Year 2022 (now listed under Article 134, UCMJ (Sexual Harassment), is both unconstitutional and counterproductive. It violates the Fifth Amendment for vagueness by failing to provide fair notice of what is prohibited, and the First …
Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede
Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede
Criminal Law Practitioner
This Article examines reverse affinity fraud, which is affinity fraud in the context of public hoaxes. In traditional affinity fraud the fraudster targets a vulnerable group, whereas in cases of public hoaxes the fraudster portrays herself as part of a vulnerable group and targets the well-meaning and sympathetic general public. This Article explores the mindset and characteristics of vulnerable fraudsters in reverse affinity frauds by analyzing the cases of Sherri Papini and Lacey Spears. Both Papini and Spears utilized social media and online giving sites to defraud the public, and their cases highlight the unique challenges prosecutors have in proving …
The International Criminal Court’S Arbitrary Exercise Of Its Duties Under The Rome Statute To The Benefit Of Western Global Supremacy, Azadeh Shahshahani, Sofia Veronica Montez
The International Criminal Court’S Arbitrary Exercise Of Its Duties Under The Rome Statute To The Benefit Of Western Global Supremacy, Azadeh Shahshahani, Sofia Veronica Montez
Human Rights Brief
The International Criminal Court (ICC) is a constituent institution of the United Nations (UN) that investigates and prosecutes perpetrators of genocide, war crimes, crimes against humanity, and the crime of aggression. Established in 1998 by the Rome Statute, the ICC may open an investigation through referrals by state parties to the Statute; referrals by the UN Security Council; or the prosecutor’s own initiative. Additionally, non-party states may extend qualified jurisdiction to the ICC to prosecute cases within their territories, setting the scope of investigations and prosecutions as well as the dates they shall encompass.
The Rome Statute assigns various other …
Lessons In Movement Lawyering From The Ferguson Uprising, Maggie Ellinger-Locke
Lessons In Movement Lawyering From The Ferguson Uprising, Maggie Ellinger-Locke
Human Rights Brief
Michael Brown was killed by Officer Darren Wilson on August 9, 2014. That day, I was on vacation in Michigan with my family, hanging on the beach and playing in the water. My father passed away from liver cancer exactly four months before, and I made the decision to close down his law practice in the St. Louis, Missouri area, and move to Washington, DC, where my longterm partner had taken a job. The trip to Michigan was supposed to be a stopover on my way to DC; my car was packed to the brim.
Crim Pro Rewired: Why Current Police Practices Require Candor In The Classroom, Elizabeth N. Jones
Crim Pro Rewired: Why Current Police Practices Require Candor In The Classroom, Elizabeth N. Jones
Seattle Journal for Social Justice
No abstract provided.
Is Misdemeanor Cash Bail An Unconstitutional Excessive Fine?, Barnett J. Harris
Is Misdemeanor Cash Bail An Unconstitutional Excessive Fine?, Barnett J. Harris
Pepperdine Law Review
The Excessive Fines Clause is one of the least developed clauses pertaining to criminal procedure in the Bill of Rights. In fact, the Supreme Court has only interpreted the Clause a few times in its entire history. Yet, on any given day, hundreds of thousands of people languish in jails without having been convicted of anything, because most of these people are unable to meet the bail amount a judge sets. This Essay examines the surprisingly under-explored relationship between misdemeanor cash bail & pretrial detention and the Excessive Fines and Excessive Bail Clauses of the Eighth Amendment, using the Supreme …
Quo Vadis? Assessing New York’S Civil Forfeiture Law, Steven L. Kessler
Quo Vadis? Assessing New York’S Civil Forfeiture Law, Steven L. Kessler
Touro Law Review
No abstract provided.
Jury Nullification As A Spectrum, Richard Lorren Jolly
Jury Nullification As A Spectrum, Richard Lorren Jolly
Pepperdine Law Review
Jury nullification traditionally refers to the jury’s power to deliver a verdict that is deliberately contrary to the law’s clearly dictated outcome. A spirited scholarship is built around this conception, with some painting nullification as democratic and others as anarchic. But this debate is largely unmoored from experience. In practice, courts have formally eliminated the jury’s authority to review the law and have established procedures that make it easier to prevent and overturn seemingly nullificatory verdicts. Thus, outside of a jury’s verdict acquitting a criminal defendant, jury nullification as traditionally understood does not exist. In no other context is a …
Cross-Examination Of Witnesses In Chinese Criminal Courts: Theoretical Debates, Practical Barriers, And Potential Solutions, Zhiyuan Guo
Vanderbilt Journal of Transnational Law
Questioning witnesses is essential for both fact-finding and ensuring the defendant's right to confrontation in criminal trials. Part I introduces the recently released judicial interpretation on the Application of Criminal Procedure Law by China's Supreme Court as a background for discussion of this Article. In Part II, the author sets the stage by arguing that resolution of questions concerning examination and cross-examination of witnesses is essential to the effective achievement of China's trial-centered criminal procedure law reform. In Part III, a historical review is given of the academic debate on the questioning of witnesses in Chinese criminal courts. Part IV …
Saving The Insanity Defense: Insight Into Personality Disorders And The Necessary Elements Of The Test, Rachel Tollefsrud
Saving The Insanity Defense: Insight Into Personality Disorders And The Necessary Elements Of The Test, Rachel Tollefsrud
Mitchell Hamline Law Review
No abstract provided.
Linguistics In The Courtroom: Incorporating Considerations Of Language And Context To Improve Criminal Court Consent Analysis, Danielle Bimston
Linguistics In The Courtroom: Incorporating Considerations Of Language And Context To Improve Criminal Court Consent Analysis, Danielle Bimston
Emory Law Journal
A legal conundrum occurs every day: suspects regularly incriminate themselves by voluntarily granting their verbal consent to requested searches by law enforcement officers, yet later move to suppress on the basis that they never agreed to such a thing. When these disputes arise, fact finders are left to adjudicate a fundamentally linguistic issue—whether the presence of voluntary consent existed. Herein lies the problem. The current totality test that is used to make this determination gives judges enormous discretionary power to evaluate the merits of the case, but is completely devoid of methodology grounded in linguistic theory that could guide the …
Capital Punishment And The ‘Acnestis’ Of Its Modern Reformation, Sudarsanan Sivakumar
Capital Punishment And The ‘Acnestis’ Of Its Modern Reformation, Sudarsanan Sivakumar
Human Rights Brief
The term “Capital Punishment” encompasses any penalizing punishment that results in the death of people accused of committing a crime.1 This damnation dates back to the Eighteenth Century B.C. in the “Code of Hammurabi,” a misemployed code that ensured the death penalty for twenty-five distinct crimes. People convicted of crimes were made to suffer for their actions in horrific ways, including being burnt alive and drowning.2 Since then, death by hanging has been the conventional method for capital punishment in most of the world.
When Jail & Prison Sentences Become Death Sentences: How Willfully Exposing Incarcerated Persons To Covid-19 Amounts To Cruel & Unusual Punishment, Arielle Aboulafia
When Jail & Prison Sentences Become Death Sentences: How Willfully Exposing Incarcerated Persons To Covid-19 Amounts To Cruel & Unusual Punishment, Arielle Aboulafia
Human Rights Brief
Eric Warner called his older brother Hank from San Quentin State Prison almost every Sunday. Though the prison only allowed the brothers to speak for fifteen minutes each week, the two spoke about their lives. In June 2021, Eric stopped calling, and Hank became worried. Hank tried to get in touch with the prison. However, his calls were met with a dead-end voicemail each time. He recalls that he “knew, by not hearing anything, that something was not good.” The following month, prison personnel returned Hank’s calls and told him that his brother Eric had been hospitalized. Later that month, …
Inefficient Mercy: The Procedural, Constitutional, And Prudential Issues That Plague Minnesota's Pardoning Process, Maddie Post
Inefficient Mercy: The Procedural, Constitutional, And Prudential Issues That Plague Minnesota's Pardoning Process, Maddie Post
Mitchell Hamline Law Review
No abstract provided.
With Unanimity And Justice For All: The Case For Retroactive Application Of The Unanimous Jury Verdict Requirement, Kara Kurland
With Unanimity And Justice For All: The Case For Retroactive Application Of The Unanimous Jury Verdict Requirement, Kara Kurland
Northwestern Journal of Law & Social Policy
Until the Supreme Court’s 2020 decision in Ramos v. Louisiana, non-unanimous jury verdicts were constitutional and utilized in two states: Louisiana and Oregon. The Ramos decision not only declared the practice of non-unanimous jury verdicts unconstitutional, but it also emphasized the essential nature of jury verdict unanimity in criminal trials throughout American history and legal jurisprudence. A year later, in Edwards v. Vannoy, the Court considered retroactive application of Ramos. Utilizing the test created in Teague v. Lane that assessed the retroactivity of new rules of criminal procedure, the Court announced that, despite the essential nature of the unanimous jury …
Distinguishing Plea Discounts And Trial Penalties, Ben Grunwald
Distinguishing Plea Discounts And Trial Penalties, Ben Grunwald
Georgia State University Law Review
We know that criminal defendants who plead guilty receive lower sentences than those convicted at trial, but there’s widespread disagreement about why. One camp of scholars believes this plea-trial differential represents a deeply troubling and coercive penalty; a second believes it’s merely a freedom-enhancing discount; and a third denies any meaningful distinction between the two at all. One reason for this disagreement is theoretical—it’s not at all clear what these concepts mean. Another is empirical—in the absence of precise conceptual definitions, we lack relevant data because scholars don’t know what to look for when searching for evidence of penalties and …
Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo
Let's Make Some "Scents" Of Our Fourth Amendment Rights: The Discriminatory Truths Behind Using The Mere Smell Of Burnt Marijuana As Probable Cause To Search A Vehicle, Alessandra Dumenigo
St. Thomas Law Review
This Comment addresses the negative effects that have resulted and will continue to result if police officers are encouraged by jurisprudence to conduct a warrantless search of an entire vehicle based on the smell of burnt marijuana. Warrantless searches of an entire vehicle based merely on the smell of burnt marijuana grant officers unlimited power that will likely result in police misconduct, an increase in racially profiled traffic stops, and a distrust between police officers and the Black community amid the nationwide outrage over the death of George Floyd. Part II of this Comment discusses the history of the Fourth …
Ring, Amazon Calling: The State Action Doctrine & The Fourth Amendment, Grace Egger
Ring, Amazon Calling: The State Action Doctrine & The Fourth Amendment, Grace Egger
Washington Law Review Online
Video doorbells have proliferated across the United States and Amazon owns one of the most popular video doorbell companies on the market—Ring. While many view the Ring video doorbell as useful technology that protects the home and promotes safer neighborhoods, the product reduces consumer privacy without much recourse. For example, Ring partners with cities and law enforcement agencies across the United States thereby creating a mass surveillance network in which law enforcement agencies can watch neighborhoods and access Ring data without the user’s knowledge or consent. Because Amazon is not a state actor, it is able to circumvent the due …
Criminal Law In Crisis, Benjamin Levin
Criminal Law In Crisis, Benjamin Levin
University of Colorado Law Review Forum
In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …
The Need For A Historical Exception To Grand Jury Secrecy In The Federal Rules Of Criminal Procedure, Daniel Aronsohn
The Need For A Historical Exception To Grand Jury Secrecy In The Federal Rules Of Criminal Procedure, Daniel Aronsohn
Loyola of Los Angeles Law Review
No abstract provided.
"Buy One Get One Free": How Reindictment Policies Permit Excessive Searches, Katie Carroll
"Buy One Get One Free": How Reindictment Policies Permit Excessive Searches, Katie Carroll
William & Mary Bill of Rights Journal
When the government decides to stop prosecuting a case, it files a nolle prosequi with the court. Nolle prosequis are slightly different from motions to dismiss. Unlike a motion to dismiss with prejudice, a prosecutor may later reindict a defendant with the same crime without a double jeopardy issue arising after dropping the same case through nolle prosequi. Furthermore, many states do not require judicial approval for a nolle prosequi. Therefore, prosecutors can gain a number of advantages by using nolle prosequi, like avoiding speedy trial deadlines or having a second chance to win important evidentiary hearings.
The advantages of …
Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black
Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black
Maine Law Review
In Maine, as in most other states, a person convicted of a criminal offense is entitled to state post-conviction review upon proper filing of a petition. The Maine Rules of Criminal Procedure establish deadlines for such a filing and for the responsive answer by the State. Application for an enlargement of time in which to respond requires the State to show cause. If, however, the State makes this application after the initial period for response, the Rules impose a much stricter standard—a showing of “excusable neglect.” In Wellman v. State the Maine Supreme Judicial Court, sitting as the Law Court, …
Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black
Wellman V. State: Confusing The Standard Of Excusable Neglect, Andrew L. Black
Maine Law Review
In Maine, as in most other states, a person convicted of a criminal offense is entitled to state post-conviction review upon proper filing of a petition. The Maine Rules of Criminal Procedure establish deadlines for such a filing and for the responsive answer by the State. Application for an enlargement of time in which to respond requires the State to show cause. If, however, the State makes this application after the initial period for response, the Rules impose a much stricter standard—a showing of “excusable neglect.” In Wellman v. State the Maine Supreme Judicial Court, sitting as the Law Court, …