Criminal Procedure Commons^™

The Cbp One App: A Virtual Manifestation Of The American Government's Failure To Uphold Its Moral And Legal Obligations To Asylum Seekers, Joseph Choe

Public Interest Law Reporter

No abstract provided.

Terrorizing Who? Luigi Mangione's Terrorism Charge And The Threat To Capital, Julia Hopkins

Public Interest Law Reporter

No abstract provided.

Ignored By The Legislature, Failed By The Courts: The Uncertain Path Toward Relief For Youth Sex Offenders In Illinois, Lindsay Nicholas

Public Interest Law Reporter

No abstract provided.

No Child Left Behind: Individualized Active Shooter Drill Planning As A Requirement Of A Free, Appropriate Public Education, Anna Patton

Public Interest Law Reporter

No abstract provided.

Disposability And Survival: The Legal And Social Marginalization Of Black Transwomen, Rachel Still

Public Interest Law Reporter

The criminalization of Black transwomen emerges not as an incidental consequence of law but as a deliberate, structural process intertwined with a long history of racial, gendered, and class-based oppression. From the horrors of slavery to contemporary policing, the state has consistently defined and regulated Black trans bodies through a lens of disposability. This article explores the historical and contemporary forces that contribute to the marginalization and criminalization of Black transwomen, emphasizing how race, gender, and socio-economic status intersect to create a landscape of legal violence that continues to shape their lives and deaths.

The experiences of Black transwomen reveal …

Prisons Built On Toxic Sites: Eighth Amendment Protections For Pregnant Incarcerated Persons, Bianca Stockmeier

Public Interest Law Reporter

No abstract provided.

Letter From The Editor-At-Large, Ally Hayes

Public Interest Law Reporter

No abstract provided.

Selected Words From The Collection: The Un Human Right To Adequate Housing, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Resource List, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Table Of Contents

Public Interest Law Reporter

No abstract provided.

Disbelief As Doctrine: People V. Addimando And Evidentiary Barriers To Justice In The Law Of Self-Defense, Rachel Still

Public Interest Law Reporter

No abstract provided.

Public Right Vs. Private Interest: The Role Of Corporate Entities In Eroding Free Expression, Jack Henry

Public Interest Law Reporter

No abstract provided.

Life, Liberty, And The Pursuit Of Insulin: America’S Deadly Pharmaceutical Profiteering Crisis, Elizabeth Hernandez

Public Interest Law Reporter

No abstract provided.

Did The Supreme Court Authorize Kidney Discrimination? An Analysis Of Marietta Memorial Hospital V. Davita Dialysis, Emily Miller

Public Interest Law Reporter

No abstract provided.

Reopening The Path To Accountability: Applying Martin V. United States To Ice Misconduct In Illinois, Saylor Pershing

Public Interest Law Reporter

No abstract provided.

Calculated Ignorance: The Trump Administration’S Indifference To The Climate Crisis, Payton Fallick

Public Interest Law Reporter

No abstract provided.

To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac

Dickinson Law Review (2017-Present)

No abstract provided.

Virtual Court Proceedings And Their Effect On Criminal Defendants’ Rights, Hunter J. Phillips

Marquette Intellectual Property & Innovation Law Review

This Comment examines whether implementing virtual evidentiary proceedings diminishes a criminal defendant’s Constitutional rights. Part One introduces the Confrontation Clause and judicial interpretations that shape its modern legal view.

Part One also introduces the importance of face-to-face testimony and how the Confrontation Clause is founded upon that principle. Part One concludes by offering psychological research that highlights the im-portance of face-to-face proceedings that allow for effective criminal proceedings. Part Two introduces legislation that hinders defendants’ Confrontation rights and critically analyzes that legislation. Part Three argues for the abandonment of virtual criminal proceedings and highlights other factors that should be considered …

Special Issues Facing People Who Use Drugs And How Sensitive Lawyers Can Help: Three Case Studies From Rutgers Law Associate, Andrew J. Rothman

Touro Law Review

No abstract provided.

Addressing Opioid Use Disorder In The Middle East And North Africa (Mena) Regions, Alyaa Chace

Touro Law Review

The opioid crisis has devastated communities across the United States, prompting extensive litigation against pharmaceutical companies for their role in fueling addiction. Aggressive pharmaceutical marketing has led to the development of key lawsuits against Purdue Pharmaceuticals, the Sackler family, Johnson & Johnson, and Teva Pharmaceuticals, as well as a landmark $26 billion global settlement involving major distributors. U.S. courts have played a crucial role in corporate accountability, mandating record financial settlements alongside behavioral and policy reforms. By contrast, the opioid crisis in MENA, which stemmed largely from illicit drug trafficking often linked to geopolitical instability, has been more often met …

Unboxing The Box: A Deep Dive Into Solitary Confinement And When It May Violate The First And Eighth Amendments, Madison Scarfaro

Touro Law Review

Solitary confinement has been a practice used for those who are incarcerated in our criminal justice system for hundreds of years. Our nation, as well as our society have evolved and continue to evolve over the course of hundreds of years. However, the use of solitary confinement has not. Even with all of the research and literature surrounding the monstrosities that come about from solitary confinement, it is still used in most of our jails and prisons to this day. The Eighth Amendment to the U.S. Constitution provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel …

Law Enforcement Privilege, Rebecca Wexler

Michigan Law Review

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …

Breaking The Chain: How An Alternate Dispute Resolution Process Can Be Used In The Criminal Justice System For First-Time Non-Violent Criminal Offenders, Leora Perlstein

Cardozo Journal of Conflict Resolution

The criminal justice system is deeply rooted in our history. There are traditional views on how it should be run and conducted. “Founded on the concept that crimes against an individual are crimes against the state, our justice system prosecutes individuals as though they victimized all of society.” Traditionally, when individuals commit a crime, they go through the process of receiving a ticket—or if they commit a particular violent crime they will be immediately arrested—and then they go through the process of appearing in court for an arraignment in which they are “read the charges against [them]” and are either …

Plea Tracking In The Durham County District Attorney’S Office: Second Report On Superior Court Cases Pled From April 2021 To November 2023, Kelly Evans, Elizabeth Gifford, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Disentangling Safety And Accountability In Criminal Justice Policy, Benjamin Levin

Scholarship@WashULaw

In this Article, I argue that the U.S. criminal system and debates about criminal justice reform reflect an elision of two largely distinct social functions: ensuring public safety and imposing accountability for harmful conduct. Despite deep disagreement about the specifics, most commentators seem to accept that these are both important social functions. Abolitionists claim that the criminal system doesn’t keep people safe and provide accountability. Instead, it harms—and perhaps is meant to harm—people from marginalized communities and protects the interest of socially dominant groups. Reformers contend that the criminal system can and should serve the safety and/or accountability interests, but …

Ten Years And Ten Miles: Reflecting On "Ferguson", Benjamin Levin

Scholarship@WashULaw

This Essay serves as the introduction to a symposium on the ten-year anniversary of Michael Brown's death in Ferguson, Missouri and the subsequent protests and uprisings across the country. The authors look back on the past decade—their own experiences and our experiences as a nation—to consider the impacts of the Ferguson uprisings and the landscape of criminal justice and racial justice advocacy, scholarship, and teaching today. In this Essay, I provide a brief introduction to the Volume and essays that follow. In Part I, I situate the Ferguson uprisings in the broader context of activism responsive to racial injustice in …

How Does The Modern Supreme Court Treat The Idea Of Retribution In The Context Of Capital Punishment?, Paige Forsberg

Honors Undergraduate Theses

This thesis explores the modern U.S. Supreme Court's treatment of retribution in the context of capital punishment, analyzing how justices have framed and justified the death penalty as a form of justice. Through the examination of key Supreme Court rulings and legal arguments, this study evaluates the evolving role of retribution in the Court’s decisions on death penalty cases, highlighting how judicial reasoning has shifted over time in response to legal, philosophical, and societal developments.

Retribution, long considered one of the primary justifications for capital punishment, is examined through a nuanced lens in this study. While historically viewed as a …

Perceptions And Treatment Decisions For A Drug Offender Based On Social Class, Cocaine Type, Personal Characteristics, And Compassionate Love: A Vignette Study, Yasmin A. Odeh

Theses and Dissertations

Problem: The shift from a focus on rehabilitation to the more punitive, “tough on crime” approach to illegal behavior in the U.S. has been enacted in no small way by policies connected to the use and abuse of drugs. The disparities between crack and powder cocaine—two chemically similar substances—have headlined this shift (Vagins and McCurdy 2006). However, research is scarce on laypeople’s approval of deterrence approaches for drug offenses, including as a function of types (e.g., powder vs. cocaine possession). This study examined people’s perceptions of prosecutorial decisions for drug offenders—whether they are punished, rehabilitated, or both—and whether people perceived …

Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea, Neil Chisholm

Cardozo International & Comparative Law Review

The article examines the challenges of achieving prosecutorial independence in South Korea, highlighting the tension between Continental European and Anglo-American models. It explores the reforms aimed at addressing these challenges, including the creation of the Corruption Investigation Office for High-Ranking Officials (CIO) and the decentralization of investigative powers. While these reforms reflect an effort to balance bureaucratic and democratic accountability, concerns persist about politicization, hierarchical control, and the effectiveness of new institutions. The article argues that the success of these reforms depends on structural changes and the ability of new agencies to operate independently.

Book Review Of “Nuclear Weapons And International Law: Existential Risks Of Nuclear War And Deterrence Through A Legal Lens”, By Professor Charles J. Moxley Jr., John Kierulf

Cardozo International & Comparative Law Review

No abstract provided.