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Articles 1 - 30 of 265
Full-Text Articles in Criminal Procedure
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho
Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho
Public Interest Law Reporter
No abstract provided.
Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen
Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen
Public Interest Law Reporter
No abstract provided.
Applying Constitutional Due Process Rights In Immigration Detainment, Gabrielle Risolvato
Applying Constitutional Due Process Rights In Immigration Detainment, Gabrielle Risolvato
Public Interest Law Reporter
No abstract provided.
Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen
Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen
Public Interest Law Reporter
No abstract provided.
A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller
A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
The Next Era Of Health Law: Medical-Legal Partnerships, Anna Ahrens
The Next Era Of Health Law: Medical-Legal Partnerships, Anna Ahrens
Public Interest Law Reporter
No abstract provided.
An End To Sacrifice Zoning In Chicago, Jasmine Anderson
An End To Sacrifice Zoning In Chicago, Jasmine Anderson
Public Interest Law Reporter
No abstract provided.
Poverty As A Barrier To Family Unification: A Look At The Relationship Between Child Welfare Involvement And Access To Housing, Abby Dompke
Public Interest Law Reporter
No abstract provided.
Gun Violence: The American Hate Crime Epidemic, Melissa Charbonneau
Gun Violence: The American Hate Crime Epidemic, Melissa Charbonneau
Public Interest Law Reporter
No abstract provided.
Free Appropriate Public Education: The Unfulfilled Promise Of The Individuals With Disabilities Education Act, Madison Flores
Free Appropriate Public Education: The Unfulfilled Promise Of The Individuals With Disabilities Education Act, Madison Flores
Public Interest Law Reporter
No abstract provided.
Water Is Life: The Standing Rock Sioux Tribe's Legal Battle Against The Dakota Access Pipeline, Jasper Gingrich
Water Is Life: The Standing Rock Sioux Tribe's Legal Battle Against The Dakota Access Pipeline, Jasper Gingrich
Public Interest Law Reporter
No abstract provided.
Balancing Student Rights And Student Safety: An Exploration Of The Constitutionality Of Searches In Schools Under The Fourth Amendment, Brittany Haracz Begley
Balancing Student Rights And Student Safety: An Exploration Of The Constitutionality Of Searches In Schools Under The Fourth Amendment, Brittany Haracz Begley
Public Interest Law Reporter
No abstract provided.
Why Offshore Betting Is Risky, Steven Henley
Why Offshore Betting Is Risky, Steven Henley
Public Interest Law Reporter
No abstract provided.
The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora
The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora
Public Interest Law Reporter
No abstract provided.
Education Is A Fundamental Right, Anna Nornes
Education Is A Fundamental Right, Anna Nornes
Public Interest Law Reporter
No abstract provided.
12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi
12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi
Public Interest Law Reporter
No abstract provided.
The Impact Of Abortion Bans On Low-Income Women, Jeni Siegel
The Impact Of Abortion Bans On Low-Income Women, Jeni Siegel
Public Interest Law Reporter
No abstract provided.
Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu
Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu
Public Interest Law Reporter
No abstract provided.
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 …
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, …
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 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 …
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 …
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez
The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez
Public Interest Law Reporter
No abstract provided.
Voter Suppression In Georgia, Eli Woods
Voter Suppression In Georgia, Eli Woods
Public Interest Law Reporter
No abstract provided.
Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci
Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci
Public Interest Law Reporter
No abstract provided.