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Full-Text Articles in Law
Fleeing East From Indian Country: State V. Eriksen And Tribal Inherent Sovereign Authority To Continue Cross-Jurisdictional Fresh Pursuit, Kevin Naud Jr.
Fleeing East From Indian Country: State V. Eriksen And Tribal Inherent Sovereign Authority To Continue Cross-Jurisdictional Fresh Pursuit, Kevin Naud Jr.
Washington Law Review
In State v. Eriksen, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This Comment argues the Eriksen Court’s reliance on RCW 10.92.020 is misplaced. RCW 10.92.020 is irrelevant to a consideration of sovereign authority. States do not have the authority to unilaterally define tribal power. A tribe retains sovereign powers not taken by Congress, given away in a treaty, or removed by implication of its dependent status. The Eriksen Court also misinterpreted the state statute …
Graham On The Ground, Cara H. Drinan
Graham On The Ground, Cara H. Drinan
Washington Law Review
In Graham v. Florida, the U.S. Supreme Court held that it is unconstitutional to sentence a non-homicide juvenile offender to life in prison without parole. While states need not guarantee release to these juvenile offenders, they cannot foreclose such an outcome at the sentencing phase. Scholars have identified several long-term ramifications of Graham, including its likely influence on juvenile sentencing practices and on retributive justice theory. As yet unexamined, though, are the important and thorny legal questions that Graham raises for state judges and lawmakers in the very short term. To whom does the Graham decision apply? What …
Panopticism For Police: Structural Reform Bargaining And Police Regulation By Data-Driven Surveillance, Mary D. Fan
Panopticism For Police: Structural Reform Bargaining And Police Regulation By Data-Driven Surveillance, Mary D. Fan
Washington Law Review
Spurred by civil rights investigations, police departments across the nation, including in Washington State, are engaging in structural reform bargaining and collaborative design of institutional reforms. Often before any complaint is filed in court or a judge makes any findings of unconstitutionality, police—and the groups threatening to sue the police—are cooperating to fashion remedies for the biggest concerns that have shadowed the law of criminal procedure, such as excessive force and the disproportionate targeting of people of color. Prominent scholars have expressed concern over settlement of civil rights suits outside the arena of the courtroom and without legal clarification. This …
Recalibrating Constitutional Innocence Protection, Robert J. Smith
Recalibrating Constitutional Innocence Protection, Robert J. Smith
Washington Law Review
This Article examines the constitutional nature of the right of a prisoner to receive post-conviction relief based solely on the claim that he is innocent. Part I explores innocence protection as an animating value of constitutional criminal procedure (Part I.A) and describes how developments in the way that crimes are investigated, proved, and reexamined have dislodged the trial from its place at the center of the constitutional criminal procedure universe (Part I.B). Part II explores how realigning the importance of innocence protection with the practical realities of our criminal justice system would impact the regulation of post-conviction procedures. It also …