Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 230
Full-Text Articles in Entire DC Network
Coerced Testimony Of A Witness, As Opposed To The Fabrication Of Evidence, Should Not Be Used As A Basis To Satisfy A § 1983 Claim For Alleged Due Process Violations In An Underlying Criminal Matter, 55 Uic L. Rev. 40 (2022), Jonathan Federman, Kyle Fleck
Coerced Testimony Of A Witness, As Opposed To The Fabrication Of Evidence, Should Not Be Used As A Basis To Satisfy A § 1983 Claim For Alleged Due Process Violations In An Underlying Criminal Matter, 55 Uic L. Rev. 40 (2022), Jonathan Federman, Kyle Fleck
UIC Law Review
No abstract provided.
Using A Civil Designation As A Sword And A Shield In Domestic Violence Order Of Protection Hearings: Eviscerating The Constitutional Rights Of Criminal Defendants Charged With Domestic Battery In The State Of Illinois, 53 Uic J. Marshall L. Rev. 705 (2021), Elliott Borchardt
UIC Law Review
No abstract provided.
Perverted Or Protected?: The Battle Between Morphed Child Pornography And The First Amendment, 54 Uic L. Rev. 967 (2021), Ella Smith
UIC Law Review
No abstract provided.
Escaping Death: The Colorado Method Of Capital Jury Selection, 54 Uic J. Marshall L. Rev. 247 (2021), Sophie Honeyman
Escaping Death: The Colorado Method Of Capital Jury Selection, 54 Uic J. Marshall L. Rev. 247 (2021), Sophie Honeyman
UIC Law Review
No abstract provided.
A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle
A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle
UIC Law Review
No abstract provided.
The Sativas And Indicas Of Proof: Why The Smell Of Marijuana Should Not Establish Probable Cause For A Warrantless Vehicle Search In Illinois, 53 Uic J. Marshall L. Rev. 187 (2020), Cece White
UIC Law Review
No abstract provided.
Resentencing Juveniles: States’ Implementation Of Miller And Montgomery Through Resentencing Hearings, 53 Uic J. Marshall L. Rev. 311 (2020), Emily Komp
UIC Law Review
No abstract provided.
A Parent’S Final Sacrifice: Self-Incrimination In Failure To Protect Cases, 51 J. Marshall L. Rev. 377 (2018), Maggie Butzen
A Parent’S Final Sacrifice: Self-Incrimination In Failure To Protect Cases, 51 J. Marshall L. Rev. 377 (2018), Maggie Butzen
UIC Law Review
When criminal proceedings commence, the passive parent is forced to choose the lesser of two evils: testify and risk self-incrimination or guard their constitutional right and risk the person who abused them and their child going free.The passive parent exists at a crossroads: defendant, parent, and victim. The main purpose of this Comment is to analyze this crossroads under a Fifth Amendment lens and propose a workable solution to allow these passive parents a way to better navigate these “two evils.” To be clear: this Comment’s purpose is not to assert whether a passive parent should be held culpable for …
From The Italian Mafia To Suppressing Societal Challenges: The Evolution Of Federal Criminal Rico And The Constitutional Objections Against It, 51 J. Marshall L. Rev. 647 (2018), Bianca Ciarroni
UIC Law Review
No abstract provided.
Justice For Victims Of Sex Trafficking: Why Current Illinois Efforts Aren’T Enough, 51 J. Marshall L. Rev. 715 (2018), Rachael Derham
Justice For Victims Of Sex Trafficking: Why Current Illinois Efforts Aren’T Enough, 51 J. Marshall L. Rev. 715 (2018), Rachael Derham
UIC Law Review
No abstract provided.
Illinois’S Class X: One Unhappy Twenty-First Birthday, A Race For A Conviction To Avoid Mandatory Sentencing Enhancements, 51 J. Marshall L. Rev. 905 (2018), Mariela Guzman
UIC Law Review
No abstract provided.
Safety In Post-Conviction Proceedings, 51 J. Marshall L. Rev. 773 (2018), Boaz Sangero
Safety In Post-Conviction Proceedings, 51 J. Marshall L. Rev. 773 (2018), Boaz Sangero
UIC Law Review
It is extremely difficult to correct an error after conviction.Given the Hidden Accidents Principle in criminal law, it is very hard to uncover mistakes and even harder to prove them. Time is one of the greatest enemies of reconstructing the truth. Evidence gets lost, potential witnesses forget, move away, or die. The legal rules, including the finality of verdicts rule, hinder the rectification of miscarriages of justice. Another factor is that once the indictment has been made, the police usually close their investigation. Even when the appellate court finds a defect in the original trial proceedings, it will most likely …
Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop
Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop
UIC Law Review
No abstract provided.
The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi
The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi
UIC Law Review
This paper will focus mainly on the use, manufacturing, trafficking, and adverse effects of narcotic drugs. In addition, the major laws against the manufacturing, use, and trafficking of drugs will also be discussed, and the successes and hurdles in preventing the trafficking, use, and manufacturing of narcotic drugs will also be evaluated. Strictly curbing the manufacturing and trafficking of narcotic drugs can reduce the spread of this abhorrence in society.
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
UIC Law Review
This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.
The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017), Nicholas J. Kamide
The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017), Nicholas J. Kamide
UIC Law Review
This comment will argue that Illinois courts (1) are not restricted by their own judicially imposed lockstep doctrine from applying the exclusionary rule based on Article I Section 6 ("state exclusionary rule" herein); and (2) should specifically apply the state exclusionary rule as the remedy for Fourth Amendment violations (and Article I section 6 violations) instead of the exclusionary rule based on the language of the Fourth Amendment ("federal exclusionary rule" herein), which currently offers Illinois residents, and specifically criminal defendants, less constitutional protection.
Restorative Justice: A Look At A Legal Community Creating Harmony On The Front Lines Of An Urban Jungle, 50 J. Marshall L. Rev. 463 (2017), Daniela Velez
UIC Law Review
No abstract provided.
Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz
Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz
UIC Law Review
The first section of this article will describe what Restorative Justice is to get a better understanding of this alternative to the punitive criminal justice system. It will then describe the work done by the Community of Sant’Egidio in Rome through the lens of Restorative Justice. It will move on to the state of the criminal justice system in Cook County and the United States, particularly in how it treats criminal behavior. In particular, it will compare the work of Sant’Egidio to the Restorative Justice work being done by state Drug Treatment Courts. Federal reentry courts address the problems of …
Shutting Down The Child Exploitation Industry Through Enterprise-Based Prosecution, 51 J. Marshall L. Rev. 59 (2017), Julia Maloney
Shutting Down The Child Exploitation Industry Through Enterprise-Based Prosecution, 51 J. Marshall L. Rev. 59 (2017), Julia Maloney
UIC Law Review
No abstract provided.
The Saving Grace Of Public Defense? Is The “Client-Choice” Method A Cure-All For Problems That Plague This Overburdened System? 50 J. Marshall L. Rev. 307 (2017), Sean Baker
UIC Law Review
No abstract provided.
Reasonable Doubt: Is It Defined By Whatever Is At The Top Of The Google Page?, 50 J. Marshall L. Rev. 933 (2017), Bobby Greene
Reasonable Doubt: Is It Defined By Whatever Is At The Top Of The Google Page?, 50 J. Marshall L. Rev. 933 (2017), Bobby Greene
UIC Law Review
No abstract provided.
Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016), Georgette Geha
Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016), Georgette Geha
UIC Law Review
No abstract provided.
When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook
UIC Law Review
The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.
A Silver Bullet: Should The Mere Presence Of Ammunition Create A Reasonable Suspicion Of Criminal Activity?, 48 J. Marshall L. Rev. 843 (2015), Kyle Gruca
UIC Law Review
No abstract provided.
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015), J. Richard Broughton
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015), J. Richard Broughton
UIC Law Review
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015), Steven Morrison
Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015), Steven Morrison
UIC Law Review
The World War I (WWI) era generated the substantive First Amendment. Subsequent jurisprudence, however, has focused on the speech right and left the right to assemble underdeveloped. This is so because courts, lawyers, and scholars view the WWI cases as speech cases. In fact, these cases implicitly tested the assembly right more than they have been read to test the speech right because they involved “membership crime” – criminal conspiracy in federal and state courts, and criminal syndicalism at the state level. This Article uncovers the importance of the assembly right during the substantive First Amendment’s generation. It therefore serves …
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
UIC Law Review
No abstract provided.
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
UIC Law Review
This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015), Greer Goldberg
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015), Greer Goldberg
UIC Law Review
No abstract provided.
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon
UIC Law Review
No abstract provided.