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Full-Text Articles in Law
Timmsen: A Criminal Procedure U-Turn Or Just A Detour?, Nancy Jack, Karl T. Muth
Timmsen: A Criminal Procedure U-Turn Or Just A Detour?, Nancy Jack, Karl T. Muth
Loyola University Chicago Law Journal
This Article reviews a recent traffic stop case in Illinois that looks unremarkable from a distance but, upon closer examination, contains a variety of criminal procedure questions about traffic stops, mistake of law, formation of suspicion, and—ultimately—the durability and flexibility of the reasonable, articulable suspicion standard itself when a bizarre fact pattern puts it to the test. In People v. Timmsen, the Illinois Supreme Court wrestles with the question of whether wholly legal behavior, when misinterpreted as illegal conduct, can create the basis for a roadside interaction and the evidentiary question of whether, given the facts particular to this …
The Inequity Of Third-Party Bail Practices, Judge Patrick Carroll
The Inequity Of Third-Party Bail Practices, Judge Patrick Carroll
Loyola University Chicago Law Journal
For many criminal defendants, a common source of bail funds is their own family or friends. Such individuals typically assist in the expectation that if the defendant complies with court orders and satisfies all court appearances, their money will be returned to them. In revenue-motivated court systems, however, bail funds--even when owned by a third party--are often applied to the defendant's fines and court costs, resulting in the effective forfeiture of the friend or relative's money. This Article reviews the processes of third-party bonds, the risk that a third-party bond will be incorrectly identified as the defendant's asset, and the …
The Real Mccoy: Defining The Defendant’S Right To Autonomy In The Wake Of Mccoy V. Louisiana, Colin Miller
The Real Mccoy: Defining The Defendant’S Right To Autonomy In The Wake Of Mccoy V. Louisiana, Colin Miller
Loyola University Chicago Law Journal
Defense counsel, and not the defendant, has the power to make most decisions in a criminal case. Until recently, there were only four decisions reserved for the defendant: whether to (1) plead guilty, (2) waive the right to a jury trial, (3) testify, and (4) forgo an appeal. In McCoy v. Louisiana, the United States Supreme Court recently added a fifth decision reserved for the client: the right to autonomy, i.e., the right to decide on the objective of her defense. Under this right, a defendant can prevent her attorney from admitting her legal guilt at trial by preemptively objecting …
The Common Prosecutor, Melanie D. Wilson
The Common Prosecutor, Melanie D. Wilson
Loyola University Chicago Law Journal
This symposium piece stems from the Loyola University of Chicago Law Journal's Criminal Justice Symposium and my engagement with a panel of experts discussing wrongful convictions, pleas, and sentencing. The essay focuses on the role of prosecutors and contends that the system will improve only when more law school graduates of every race, religion, gender identity, background, ideology, ability, sexual orientation, and other characteristics serve as prosecutors. We have witnessed the rise of the “progressive prosecutor.” Now, we need to add more “common prosecutors.”
The homogeneity of prosecutors is well known and well documented. For example, as of October 2020, …
Unincorporating Qualified Immunity, Teressa Ravenell
Unincorporating Qualified Immunity, Teressa Ravenell
Loyola University Chicago Law Journal
Scholars, judges, activists, and policymakers alike have criticized the doctrine of qualified immunity, which emerged in Pierson v. Ray to shield government actors from monetary liability in a wide range of suits filed under 42 U.S.C. § 1983, derived from the Civil Rights Act of 1871. These criticisms have ranged from the practical to the principled, but they largely ignore the question of statutory interpretation: is it valid to read § 1983, which makes no mention of any defense or immunity, as incorporating a qualified defense for government officials who acted in good faith and with probable cause? The Court …
Restitution For Child Pornography: Reframing A System For Victims Harmed By Too Many, Mackenzie Durkin
Restitution For Child Pornography: Reframing A System For Victims Harmed By Too Many, Mackenzie Durkin
Loyola University Chicago Law Journal
Courts have commented that victims of child pornography suffer harm that is like “a thousand cuts.” This characterization is fitting because once images of a victim’s childhood sexual abuse are on the internet, the images are there forever. As a result, these victims are constantly revictimized by the knowledge that their images are being trafficked and consumed across the world.
This Comment analyzes the current framework for compensating victims through criminal restitution. Victims of all federal crimes, including child pornography offenses, are entitled to restitution for the full amount of their losses. However, this standard became complicated with child pornography …
An Empirical Assessment Of Homicide And Suicide Outcomes With Red Flag Laws, Rachel Delafave
An Empirical Assessment Of Homicide And Suicide Outcomes With Red Flag Laws, Rachel Delafave
Loyola University Chicago Law Journal
This Article empirically illustrates that red flag laws—laws which permit removal of firearms from a person who presents a risk to themselves or others—contribute to a statistically significant decrease in suicide rates, but do not influence homicide rates. I exploit state-level variation across time in the existence of red flag laws between 1990 and 2018 and find that the existence of a risk-based law reduces firearm-related suicides by 6.4% and overall suicides by 3.7%, with no substitution to non-firearm suicides. Red flag laws are not associated with a statistically significant change in homicides rates. Policymakers should consider red flag laws …
Beyond A Reasonable Doubt: Juries Don’T Get It, Hon. James A. Shapiro, Karl T. Muth
Beyond A Reasonable Doubt: Juries Don’T Get It, Hon. James A. Shapiro, Karl T. Muth
Loyola University Chicago Law Journal
Proof beyond a reasonable doubt has been de rigueur in criminal cases almost since the dawn of the republic. It is based on the premise that it is better to let several guilty people go free in order to save one innocent person from wrongful conviction. The jury in a criminal case is not merely an audience. It is the central mechanism without which the wheels of American criminal justice cannot turn-- and operates as the final safeguard against a grave error. However, while the Constitution describes the importance, composition, and role of the jury, it does not explicitly …
Buried Alive: Gay V. Baldwin And Unconstitutional Solitary Confinement For Prisoners With Mental Illness, Hannah May
Buried Alive: Gay V. Baldwin And Unconstitutional Solitary Confinement For Prisoners With Mental Illness, Hannah May
Loyola University Chicago Law Journal
Few inmates placed in solitary confinement escape the detrimental consequences of the punitive, oppressive conditions. Anthony Gay is no exception. As a teenager, Gay pled guilty to robbery for stealing a hat and a $1 bill and violated his probation by driving a vehicle without a license when he was twenty years old. Gay was supposed to be released in three and a half years with good behavior, but he suffers from borderline personality disorder. The symptoms of his mental illness, such as self-mutilation and throwing bodily fluids, manifested in prison. The manifestations of his mental illness landed him in …
Judicial Authority Under The First Step Act: What Congress Conferred Through Section 404, Sarah E. Ryan
Judicial Authority Under The First Step Act: What Congress Conferred Through Section 404, Sarah E. Ryan
Loyola University Chicago Law Journal
The First Step Act of 2018 promised relief to inmates serving disproportionately long sentences for cocaine base distribution. Section 404, the focus of this Article, seemed straightforward. But in the spring and summer of 2019, district judges began reviewing section 404 cases and reaching dissonant results. Appeals followed, focused on four questions of judicial authority: (1) Who may judges resentence?, (2) May judges engage in plenary resentencing or merely sentence reduction?, (3) May judges resentence all concurrent criminal convictions or only crack cocaine convictions?, and (4) Must judges adopt the operative drug quantity from the original sentencing? Today, the law …
Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch
Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch
Loyola University Chicago Law Journal
There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, these familiar approaches face difficulties. Accordingly, we have reason to continue our search for the elusive mens rea for complicity. This Article develops a new account of the mens rea for complicity, drawing on an …
Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried
Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried
Loyola University Chicago Law Journal
No abstract provided.
Nuremberg Lives On: How Justice Jackson's International Experience Continues To Shape Domestic Criminal Procedure, Brian R. Gallini
Nuremberg Lives On: How Justice Jackson's International Experience Continues To Shape Domestic Criminal Procedure, Brian R. Gallini
Loyola University Chicago Law Journal
The end of Germany’s participation in World War II came with its formal surrender on May 8, 1945. After extensive debate over what would come of top Nazi leaders, twenty-two Nazi defendants were tried and ultimately convicted after 216 days of trials held in Nuremberg spread across eleven months between November 1945 and 1946. Associate Supreme Court Justice Robert H. Jackson took a leave of absence from the Court to lead the trial’s prosecutorial effort. Decades of scholarship have considered and evaluated the Nuremberg trials alongside Jackson’s role in them. But, no article has evaluated how Justice Jackson’s experience as …
People V. Simac: How Much Is Too Much Advocacy?, James A. Francque
People V. Simac: How Much Is Too Much Advocacy?, James A. Francque
Loyola University Chicago Law Journal
No abstract provided.
Davis V. United States: The Supreme Court Rejects A Third Layer Of Prophylaxis, Nancy M. Kennelly
Davis V. United States: The Supreme Court Rejects A Third Layer Of Prophylaxis, Nancy M. Kennelly
Loyola University Chicago Law Journal
No abstract provided.
People V. Fitzpatrick: The Path To Amending The Illinois Constitution To Protect Child Witnesses In Criminal Sexual Abuse Cases, Thomas Conklin
People V. Fitzpatrick: The Path To Amending The Illinois Constitution To Protect Child Witnesses In Criminal Sexual Abuse Cases, Thomas Conklin
Loyola University Chicago Law Journal
No abstract provided.
Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka
Loyola University Chicago Law Journal
No abstract provided.
Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins
Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins
Loyola University Chicago Law Journal
No abstract provided.
Criminal Procedure, Howard Suskin, Amy Rosenberg Small
Criminal Procedure, Howard Suskin, Amy Rosenberg Small
Loyola University Chicago Law Journal
No abstract provided.
Confrontation At Capital Sentencing Hearings: Illinois Violates The Federal Constitution By Permitting Juries To Sentence Defendants To Death On The Basis Of Ordinarily Inadmissible Hearsay, Mark Silverstein
Loyola University Chicago Law Journal
No abstract provided.
Criminal Procedure, James P. Carey, Kevin J. Feeley
Criminal Procedure, James P. Carey, Kevin J. Feeley
Loyola University Chicago Law Journal
No abstract provided.
Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad
Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad
Loyola University Chicago Law Journal
No abstract provided.
Criminal Procedure, James P. Carey, Paul A. Gilman
Criminal Procedure, James P. Carey, Paul A. Gilman
Loyola University Chicago Law Journal
No abstract provided.
Criminal Procedure, Alan Raphael, Leslie Khoshaba
Criminal Procedure, Alan Raphael, Leslie Khoshaba
Loyola University Chicago Law Journal
No abstract provided.
Prisoners' Access To The Courts: Legal Requirements And Practical Realities, Wayne T. Westling, Patricia Rasmussen
Prisoners' Access To The Courts: Legal Requirements And Practical Realities, Wayne T. Westling, Patricia Rasmussen
Loyola University Chicago Law Journal
No abstract provided.
Inanimate Listening Devices: A Violation Of Sixth Amendment Right To Counsel, Kathleen M. Maicher
Inanimate Listening Devices: A Violation Of Sixth Amendment Right To Counsel, Kathleen M. Maicher
Loyola University Chicago Law Journal
No abstract provided.
The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow
The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow
Loyola University Chicago Law Journal
No abstract provided.
Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno
Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno
Loyola University Chicago Law Journal
No abstract provided.
Foreword, James P. Carey
Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran
Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran
Loyola University Chicago Law Journal
No abstract provided.