Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
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Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen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 …