Criminal Procedure Commons^™

A Meta-Analysis On Joinder Effects: Do They All Have The Same Magnitude?, Amelia M. Tisk

Student Theses

The present meta-analysis examined whether different forms of joinder and procedural consolidation produce varying levels of prejudice in adjudicative decision-making. Although joinder procedures improve judicial efficiency, psychological research has suggested that combining charges, defendants, or plaintiffs within a single proceeding may increase conviction likelihood, liability judgments, and broader perceptions of wrongdoing. A random-effects meta-analysis was conducted across 22 independent study effects examining charge joinder, defendant consolidation, plaintiff consolidation, multiple-complainant procedures, and related aggregation paradigms. Effect sizes were converted to Pearson’s r whenever possible. Overall, procedural aggregation produced a moderate effect on adjudicative outcomes, r = .27, 95% CI [.22, .32]. …

Methods Of Execution Through An Admistrative-Law Lens, Eric Berger

University of Richmond Law Review

Different lenses focus on distinct aspects of the same legal problem. Take the death penalty or, more specifically, methods of execution. Through a doctrinal lens, one might ask whether a particular method of execution creates a risk of excruciating pain incompatible with the Eighth Amendment’s prohibition of “cruel and unusual” punishments. Through an originalist lens, we consider the original meaning of the words “cruel” and “unusual.” Through a proceduralist lens, a key question is when a trial court may issue a stay of execution to permit closer judicial examination of an execution procedure (or some other alleged legal deficiency). And …

Capital Punishment, Crimmigration, And The Necropolitical Agenda Against Noncitizens, Erin R. Collins

University of Richmond Law Review

On January 20, 2025, President Trump signed Executive Order 14164, Restoring the Death Penalty and Protecting Public Safety. This Order, one of twenty-six signed on Inauguration Day, directs the Attorney General to seek the death penalty for any “capital crime committed by an alien illegally present in this country,” and specifies the mandate applies “regardless of other factors.” In other words, the Order requires federal prosecutors to set aside their duty to determine what punishment comports with justice in an individual case, and instead seek the authority to kill anyone who is within the country without lawful status upon commission …

Anti-Death Penalty Advocacy In A Time Of Resurgence, Carol S. Steiker, Jordan M. Steiker

University of Richmond Law Review

After a staggering two-decade decline dating back to the turn of the millennium, the American death penalty is experiencing a notable resurgence. Executions in 2025 climbed to their highest mark in over a decade (forty-seven nationwide), more than 150% of any year since 2015 (twenty-eight nationwide) and the highest total since 2009. These executions span eleven states, the largest number of states conducting executions in a single year since 2000. Relatedly, the Supreme Court of the United States seems less inclined to rein in capital practices. The Court has exhibited increased hostility toward end-stage litigation, illustrated most prominently in its …

A Terrorist In Death Only: How The Death Penalty Fills The Gap In Federal Terrorism Law, Caroline A. Mcbride

University of Richmond Law Review

In the absence of a federal statute criminalizing domestic terrorism, the United States turned to an unlikely proxy: the death penalty. This Comment argues that capital punishment is used to define domestic terrorism, particularly when statutory tools cannot capture white supremacist attacks. Although former President Biden commuted most federal death sentences to life imprisonment without parole, three individuals whose attacks met the legal definition of domestic terrorism were excluded from clemency. Examining several cases from Timothy McVeigh to Luigi Mangione reveals a trend of defendants whose crimes meet the legal definition of domestic terrorism receiving the death penalty, even when …

Rethinking Strategies For Abolition: What Juries Are Revealing About The Future Of The Death Penalty, William W. Berry Iii

University of Richmond Law Review

In 2025, the death penalty experienced a renaissance of sorts. There were forty-seven executions, the highest in over a decade. Capital punishment has expanded from one method of execution to four, adding firing squads, electrocution, and nitrogen hypoxia to lethal injection. And the political rhetoric calling for expansions of the death penalty, both in executive orders and public comments, is notable in both its intensity and frequency. What is equally notable, however, is the scant number of new death sentences in 2025—twenty-three. Amidst all the executions and the bluster surrounding the death penalty, juries imposed only twenty-three death sentences in …

Saying What The Law Might Be? Courts, Geofence Warrants, And The Fourth Amendment Labyrinth, Ciara Lavin

Cardozo Law Review

Since 2016, Google has received thousands of geofence warrant requests from law enforcement, requesting Google to scan through its vast database of users to identify who and what devices entered into, or exited out of, a set of coordinates in a specified period of time. Several cases began making their way through the federal courts to delineate the legality of such warrants—with challenges spanning the vast amount of data they search, their relative accuracy, and whether they comported with the Fourth Amendment. Then, in the summer of 2024, two federal appellate courts handed down decisions just weeks apart: the Fourth …

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira M. Diner

Faculty Scholarship

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Sosiologi Perundang-Undangan Dan Pemanfaatannya, Jufrina Rizal

Jurnal Hukum & Pembangunan

Abstract

Pembaharuan Hukum Terhadap Pasal 26 Ayat (I) Uud Negara Republik Indonesia Tahun 1945, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Program Komputer Menurut Hukum Hak Kekayaan Intelektual, Afifah Kusumadara

Jurnal Hukum & Pembangunan

Abstract

Posisi Hukum Badan Pengadilan Pajak Dalam Sistem Hukum Indonesia, Tri Hayati

Jurnal Hukum & Pembangunan

Abstract

Ketentuan Forward-Statements Di Pasar Modal, Bismar Nasution

Jurnal Hukum & Pembangunan

Abstract

Kinerja Polri Pasca Polri Mandiri, Farouk Muhammad

Jurnal Hukum & Pembangunan

Abstract

Aspek Sosio-Kultural Pencegahan Terorisme, Thomas Sunaryo

Jurnal Hukum & Pembangunan

Abstract

Sudah Saatnya Indonesia Memiliki Kodifikasi Hukum Perdata Internasional, Mutiara Hikmah

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Hak Cipta Musik Atau Lagu Di Indonesia, Hendra Tanu Atmadja

Jurnal Hukum & Pembangunan

Abstract