Criminal Procedure Commons^™

Rethinking The Automobile Exception, Lori A. Hoetger

University of Cincinnati Law Review

No abstract provided.

Ohio's Unconstitutional Burden Of Proof For Criminal New Trial Motions Based On Newly Discovered Evidence, David B. Alden, Michael P. Koslen

University of Cincinnati Law Review

No abstract provided.

When Does A Lie Become An Obstruction Of Justice?, Michael Allain

Journal of Civil Rights and Economic Development

(Excerpt)

Most people agree that lying is wrong. The early English, for example, were particularly sensitive to lying: “King Alfred provided that the slanderer shall have his tongue cut out, unless he could redeem it with the price of his head.” But determining which lies are culpable, if any, is thorny; some say harm-causing lies are culpable, while others disagree, advising caution.

Naturally, this debate has found its way into our law. One example lies in the obstruction of justice adjustment—a sentencing enhancement in the Federal Sentencing Guidelines (“the Guidelines”). How does that provision determine when a lie is culpable? …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Cars Don’T Stop For Yellow Lights: Turning Maine’S Yellow Flag Law Red, Jamison Rhoads-Doyle

Maine Law Review

This Case Note is about Maine’s Extreme Risk Protection Order law, Title 34-B, Section 3862-A, of the Maine Revised Statutes. The purpose of Maine’s law and others like it is to proactively take firearms away from individuals who present a substantial risk of violently harming themselves or others. In the aftermath of the mass shooting which occurred in Lewiston, Maine on October 25, 2023, there was debate over whether law enforcement could have used Section 3862-A to proactively prevent the shooting, as well as over whether Section 3862-A was an effective tool for preventing violence in the first place. This …

Slow, Expensive, And Out Of Control: A Statutory Solution To The Competency Crisis, Robert Barnhart

Maine Law Review

The United States Constitution guarantees both the right to a speedy trial and the right to be competent to stand trial. United States Supreme Court decisions have recognized both of these rights but left the hard work of implementing them to legislatures and rulemakers. After turning the technicalities over to the states, the Supreme Court has generally stayed out of the business of setting bright-line rules to follow, both for setting speedy trial limits and ensuring defendants are evaluated and restored to competency. This delegation has led to a dual crisis. Cases are not resolved on time, and a substantial …

State Of The Grid: Cybersecurity Best Practices For The Utility Industry, Corban Garcia

SACAD: Scholarly Activities

Developing a strong cybersecurity posture is essential for protecting critical infrastructure, especially in the utility industry. This study analyzes a multi-layered cybersecurity approach that integrates risk management, technology, governance, and workforce training. Based on an examination of industry literature, six key steps were identified. These include assessing security posture, developing policies, implementing security controls, employee training, incident response planning, and regular audits. Each step plays a vital role in mitigating cyber threats and ensuring operational resilience. A comparative analysis of cybersecurity frameworks and real-world incidents highlights the necessity of proactive security strategies. Without these foundational steps, organizations face greater risks …

Accidental Brady Violations, Adam M. Gershowitz

Texas A&M Law Review

Prosecutors are often seen as the villains of the criminal justice system. And the most villainous thing a prosecutor can do is to commit an intentional Brady violation by withholding favorable and material evidence from the defense. Not surprisingly, there is a wide literature criticizing prosecutors for flagrant misconduct.

But not all Brady violations are intentional. Prosecutors sometimes—perhaps often—commit accidental Brady violations by inadvertently failing to recognize favorable evidence. Because many prosecutors are inexperienced, overworked, and under-trained, they do not recognize exculpatory or impeachment evidence when it is in their files. Additionally, prosecutors also fail to disclose evidence that is …

Barred From Every Angle: Ninety Days To Save Your Life From Arkansas Prisons, Lindsay Mast

Arkansas Law Review

Charlie Vaughn has been incarcerated since 1991 in Arkansas’s Tucker Unit maximum security prison, serving a life sentence for a first-degree murder he did not commit. His actual innocence is simply irrelevant in the State of Arkansas due to strict adherence to procedural court filing rules. He has only been denied without opinion or procedurally barred. Despite both state and federal constitutional protections safeguarding liberty and freedom through various rights, including to counsel, to remain silent, a speedy trial, a jury of peers, and due process, wrongful convictions persist. Arkansas stands out among other top incarceration rate states as one …

Growing Pains: The Evolution Of Jlwop Sentences In Washington, Selena M. Galvan

Washington Law Review

In 2021, the Washington State Supreme Court abolished de facto life sentences— those that amount to a life sentence despite not carrying the life without parole label—for juvenile offenders, finding them unconstitutional under article 1, section 14 of the Washington Constitution. In 2022, less than a year later, the Court reversed course in the case of State v. Anderson by upholding a sixty-one-year sentence for crimes a juvenile offender committed at age seventeen. The Washington State Supreme Court’s decision in Anderson runs contrary to what modern science demonstrates about the diminished culpability of juvenile offenders, and it runs contrary to …

Properly Partitioning Prejudice: Analyzing Mixed Brady And Napue Claims, Patrick Scariano

Fordham Law Review

Due process affords criminal defendants the right to receive evidence possessed by the government that would aid in their defense. This right was codified in Brady v. Maryland. Brady’s lesser-known ancestor is Napue v. Illinois, which gave defendants the right to a new trial if the government knowingly offered perjured testimony in their original trial. The U.S. Supreme Court has held that these rights are critical to support verdicts worthy of confidence necessary to ensure due process.

Unfortunately, defendants victimized by misconduct are often affected by multiple violations of their rights. Courts have developed ways to examine …

Rivers V. Guerrero, Meagan R. Hurley

Articles

Danny Rivers sought federal habeas relief, arguing that his trial counsel was ineffective. Rivers’s petition was denied, but while his initial habeas appeal was pending, he initiated a second filing to include new information that his prior counsel failed to utilize in an exculpatory report supporting his innocence. Applying 28 U.S.C. § 2244(b)(2), the district court determined it was “without jurisdiction to entertain” the new evidence because Rivers’s filing was a “second or successive” petition. The Fifth Circuit of Appeals agreed.

The Original Understanding Of The Western State Constitutions' Protections From Searches, Seizures, And Self-Incrimination, Greg Sergienko

UMKC Law Review

No abstract provided.

Compromised Guilt: Systemic Denial Of The Right To A Unanimous Verdict In Arkansas, Bryan Altman

University of Arkansas at Little Rock Law Review

Currently, the State of Arkansas curiously stands alone in opposition to the rest of the nation when it comes to honoring the individual’s right to a unanimous verdict in a criminal trial. While never explicitly adopted by the Arkansas Supreme Court, Arkansas law has passively permitted two illegitimate practices to develop. First, prosecutors are permitted to submit evidence of multiple, separate acts to sustain a single criminal charge. Second, jurors are permitted to disregard factual disagreements and render patchwork verdicts, especially in the context of sex crime cases.

Arkansas practice and custom currently does not protect against a conviction based …

Rethinking Article I, Section 9: State Protections Against Self-Incrimination In The Wake Of Gr 37, Zachary L. Hentzel

Washington Law Review

When adopted by Washington courts in 2018, General Rule 37 marked a significant advance in the fight against racial discrimination. Modifying the third step of Batson v. Kentucky, GR 37 requires that peremptory challenges must be denied if an “objective observer” could view race or ethnicity as a factor in the strike. Applying the objective observer standard to contexts beyond jury selection—such as evaluation of jury verdicts, seizures of persons, and prosecutorial misconduct—has led to major statewide victories toward establishing a more equitable justice system. However, courts have not granted all requests to extend the objective observer standard to …

Climbing The Family Tree To Solve Crime: The Statutory Regulation Of Investigative Genetic Genealogy In Wisconsin, Margaret B. Mullican

Marquette Benefits and Social Welfare Law Review

Investigative Genetic Genealogy ("IGG") has emerged as a groundbreaking

tool that law enforcement agencies across the United States

are using to solve their most notorious criminal cases. IGG has led to

remarkable outcomes, such as identifying unknown victims, solving

decades-old violent crimes, and exonerating the innocent. While IGG

has transformed criminal investigations for the better, the tool has

also sparked concerns with the public regarding its haphazard regulation

and its constitutional implications. Despite the tool being

widely used by law enforcement, it remains relatively unregulated,

which has raised concerns about potential misuse, as well as a lack

of transparency and …

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Nevada Law Journal

No abstract provided.

Can Prosecutors' Offices Preserve Public Confidence In Their Nonpartisanship - And, If So, How?, Rebecca Roiphe, Bruce Green

Articles & Chapters

Politicians, the media, and others erode public confidence in prosecutors by accusing them of “weaponizing” their power in cases with political implications. This essay argues that prosecutors’ offices have a responsibility not only to do their work in accordance with professional norms, training and policy that call for nonpartisan decision-making, but also to make affirmative efforts to restore and preserve public faith that prosecutors are in fact acting neutrally, objectively and impartially. Despite limits to what prosecutors’ offices can do in the current climate, this essay suggests some possible measures to counteract the perception of political bias.

Neurocriminology: A Beginner’S Guide, Jerrod Brown

Forensic Scholars Today

No abstract provided.

Neurocriminology: Revolutionizing Specialized Training For Criminal Justice System Professionals, Janina Cich

Forensic Scholars Today

No abstract provided.

Criminalizing Domestic Violence In Egypt: Legal Gaps, Risk Consequences, And The Need For Reform, Ahmed Hussein

Theses and Dissertations

This thesis advocates for the implementation of domestic violence legislation in Egypt as a crucial legal and judicial reform necessary to prevent such violence and challenge societal norms that normalize it. It first examines the evolution of domestic violence legislation in line with international human rights standards, highlighting its applications worldwide and the role of states to interfere in an aim to combat such violence. The arguments for and against explicit criminalization are analyzed, emphasizing how legal frameworks can alter social behaviors that normalize violence. Following this, the thesis will focus on Egypt's legal framework addressing domestic violence, showing how …

The State Of The Medical Cannabis Industry And Enforcement Against Illegal Cannabis Shops, Chaz Brooks

Legislative Testimony & Comments

My name is Professor Chaz Brooks, and I am joined by several of my students who have assisted on this project, Khumar Gasimzada, Christian Nunez, and Olivia Woodmansee. Professor Priya Baskaran and I co-lead the Entrepreneurship Law Clinic at American University Washington College of Law, where we provide legal support to small businesses and entrepreneurs in Washington, D.C. (the “District” or “D.C.”). Over the past year, we have worked closely with Sean and Lashonia Thompson-El of DC Native Botanicals who received a Conditional Social Equity License for a cultivation center in October 2023. Today, we testify not only on their …

Solving The Public Defense Crisis In Kansas, Malia N. Brink, Pamela R. Metzger

Deason Center Reports

Kansas has a constitutional obligation to provide counsel to any arrested person who cannot afford to hire a private attorney. But attorney shortages in Kansas threaten this core constitutional right. According to the American Bar Association, there are an average of four attorneys per 1,000 people nationwide. However, only six of Kansas’s 105 counties have two or more attorneys per 1,000 people. In 44 counties, there is just one attorney or fewer per 1,000 residents. The situation is particularly worrisome in rural Kansas. In 2023, nearly half of Kansas’s population lived in rural counties, but 80% of its lawyers lived …