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Full-Text Articles in Law
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.
Deprivation Of The Right To Counsel For Federal Pretrial Detainees During The 2019 Novel Coronavirus Pandemic, 54 Uic L. Rev. 659 (2021), Mary Vukovich
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.
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 …
What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford
UIC Law Open Access Faculty Scholarship
There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has persisted for years …
Petitioner’S Response To The Court’S Order To Show Cause, Johnson V. Pfister, Docket No. 1:17-Cv-03997 (N.D. Ill. 2017), J. Damian Ortiz, The John Marshall Law School Pro Bono Clinic
Petitioner’S Response To The Court’S Order To Show Cause, Johnson V. Pfister, Docket No. 1:17-Cv-03997 (N.D. Ill. 2017), J. Damian Ortiz, The John Marshall Law School Pro Bono Clinic
Court Documents and Proposed Legislation
No abstract provided.
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.
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.
Forward Progress: A New Pattern Criminal Jury Instruction For Impeachment With Prior Inconsistent Statements Will Ease The Court’S Burden By Emphasizing The Prosecutor’S, 84 Fordham L. Rev. 1455 (2016), Hugh Mundy
UIC Law Open Access Faculty Scholarship
Due in part to the “difficult-to-follow” instruction, the Advisory Committee on the Federal Rules of Evidence (“the Advisory Committee” or “the Committee”) is now contemplating the expansion of Rule 801(d)(1)(A) to allow for the substantive admissibility of all prior inconsistent statements. While a revised rule would obviate the need for a limiting instruction, the change would enable federal prosecutors to offer out-of-court statements of tenuous reliability as proof against criminal defendants. A more just approach lies in a recrafted jury instruction—one which frames the admissibility of prior inconsistent statements in terms of the prosecutor’s burden of proof.
In this Article, …
The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy
UIC Law Open Access Faculty Scholarship
As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual …
Why Illinois Should Adopt Federal Rule Of Evidence 803(18) To Allow The Learned Treatise Exception To The Hearsay Rule, 39 S. Ill. U. L.J. 275 (2015), Ralph Ruebner, Katarina Durcova, Amy Taylor
Why Illinois Should Adopt Federal Rule Of Evidence 803(18) To Allow The Learned Treatise Exception To The Hearsay Rule, 39 S. Ill. U. L.J. 275 (2015), Ralph Ruebner, Katarina Durcova, Amy Taylor
UIC Law Open Access Faculty Scholarship
Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 ("FRE 703")' and 705 ("FRE 705") by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes.
Adopting the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for admitting learned treatises and allowing them as substantive evidence. Now that Illinois …
The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford
The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford
UIC Law Open Access Faculty Scholarship
There is a widespread belief among both academics and policymakers that international criminal trials are too complex. As a result, tribunals have come under enormous pressure to reduce the complexity of their trials. However, changes to trial procedure have not meaningfully affected trial complexity. This Article explains why these changes have failed and argues that the complexity of international criminal trials is necessary for them to achieve their purposes.
Using a multiple regression model of the factors driving trial complexity at the International Criminal Tribunal for the former Yugoslavia (ICTY), this Article shows that the largest drivers of complexity are …
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 …
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 …
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.
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
UIC Law Review
No abstract provided.
Guidelines For Guidelines: Implications Of The Confrontation Clause's Revival For Federal Sentencing, 48 J. Marshall L. Rev. 1039 (2015), Sopen Shah
UIC Law Review
Scholars and commentators heavily criticize the current federal sentencing system for over-incarceration, racial disparities in outcomes, and a lack of procedural protections for criminal defendants. This Article focuses on a procedural protection recently revived by the Supreme Court’s 2004 decision in Crawford v. Washington: the Confrontation Clause of the Sixth Amendment. Though Crawford only addressed the Clause’s application during trial, the case and its reasoning have important implications for today’s federal sentencing regime under the Federal Sentencing Guidelines. Though the Supreme Court has yet to directly address the issue, I argue that lower courts incorrectly interpret an old, pre-Crawford case …
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …
Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett
UIC Law Review
Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado
UIC Law Review
No abstract provided.
Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013), Sean Mullins
UIC Law Review
No abstract provided.
Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper
UIC Law Review
No abstract provided.
New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill
New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Criminal Sentencing Under The Advisory Guidelines And The Ex Post Facto Clause, 45 J. Marshall L. Rev. 435 (2012), Megan Preusker
Criminal Sentencing Under The Advisory Guidelines And The Ex Post Facto Clause, 45 J. Marshall L. Rev. 435 (2012), Megan Preusker
UIC Law Review
No abstract provided.
Convicted By A Sleeping Jury: Harmless Error Or A Challenge To The Integrity Of Our Criminal Justice System, 44 J. Marshall L. Rev. 751 (2011), Rhandi Childress
Convicted By A Sleeping Jury: Harmless Error Or A Challenge To The Integrity Of Our Criminal Justice System, 44 J. Marshall L. Rev. 751 (2011), Rhandi Childress
UIC Law Review
No abstract provided.