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Full-Text Articles in Law
Quasi-Inquisitorialism: Accounting For Deference In Pretrial Criminal Procedure, Jennifer E. Laurin
Quasi-Inquisitorialism: Accounting For Deference In Pretrial Criminal Procedure, Jennifer E. Laurin
Jennifer E. Laurin
The actions of police and prosecutors that take place long before a criminal trial are frequently critical to, even dispositive of the accuracy and reliability of case disposition. At the same time the regulatory touch of constitutional criminal procedure in the pretrial realm is notoriously, even insistently, light. Proposals to address actual or risked deficiencies in this arena have proliferated in recent years, exemplified by pushes for social-science-rooted investigative best practices, for broader defense access to evidence prior to trial, for more oversight in plea bargaining, and so on. But in the face of these critiques, broad pretrial discretion largely …
Remapping The Path Forward: Toward A Systemic View Of Forensic Science Reform And Oversight, Jennifer E. Laurin
Remapping The Path Forward: Toward A Systemic View Of Forensic Science Reform And Oversight, Jennifer E. Laurin
Jennifer E. Laurin
The 2009 report of the National Academy of Sciences on the state of forensic science in the American criminal justice system has fundamentally altered the landscape for scientific evidence in the criminal process, and is now setting the terms for the future of forensic science reform and practice. But the accomplishments of the Report must not obscure the vast terrain that remains untouched by the path of reform that it charts. This Article aims to illuminate a critical and currently neglected feature of that territory, namely, the manner in which police and prosecutors, as upstream users of forensic science, select …
Remapping The Path Forward: Toward A Systemic View Of Forensic Science Reform And Oversight, Jennifer E. Laurin
Remapping The Path Forward: Toward A Systemic View Of Forensic Science Reform And Oversight, Jennifer E. Laurin
Jennifer E. Laurin
The 2009 report of the National Academy of Sciences on the state of forensic science in the American criminal justice system has fundamentally altered the landscape for scientific evidence in the criminal process, and is now setting the terms for the future of forensic science reform and practice. But the accomplishments of the Report must not obscure the vast terrain that remains untouched by the path of reform that it charts. This Article aims to illuminate a critical and currently neglected feature of that territory, namely, the manner in which police and prosecutors, as upstream users of forensic science, select …
Trawling For Herring: Lessons In Doctrinal Borrowing And Convergence, Jennifer E. Laurin
Trawling For Herring: Lessons In Doctrinal Borrowing And Convergence, Jennifer E. Laurin
Jennifer E. Laurin
The Supreme Court’s 2009 decision in Herring v. United States has prompted both criticism and puzzlement concerning the source, meaning, and implications of the new culpability-based framework that it announced for the Fourth Amendment exclusionary rule. This Article proposes that Herring may be better understood not solely by reference to the exclusionary rule precedents to which the majority opinion claims fidelity, but rather in the context of the important and largely unexamined influence that constitutional tort doctrine has had in shaping exclusionary rule jurisprudence. That influence has been driven by the interrelated processes of borrowing and convergence – the former, …
Rights Translation And Remedial Disequilibration In Constitutional Criminal Procedure, Jennifer E. Laurin
Rights Translation And Remedial Disequilibration In Constitutional Criminal Procedure, Jennifer E. Laurin
Jennifer E. Laurin
Criminal procedure rights are widely understood both as individual constitutional guarantees and as conduct-regulating norms, enforcement of which guides the behavior of criminal justice actors. This regulatory dynamic of constitutional criminal procedure flows from both criminal and civil litigation, and as a consequence criminal procedure rights are shaped and adjudicated in recursive remedial regimes. Little notice has been paid, however, to the fact that the contours of criminal procedure rights are not consonant across the criminal and civil remedial regimes. Instead, courts in civil actions reshape criminal procedure doctrine in a manner that erects new, conflicting, and often more lenient …