Criminal Procedure Commons^™

Trade Secret Hacking, Online Data Breaches, And China’S Cyberthreats, Peter K. Yu

Cardozo Law Review de•novo

Taking advantage of the forum provided by this timely Symposium, this Article closely examines the ongoing debate on China’s sustained effort in using online hacking and other intrusive techniques to steal trade secrets and proprietary data from U.S. businesses. Part I outlines the five common narratives that have thus far been advanced to recount this widely criticized effort. Sensing the narratives’ negative overtones, Part II offers five modest suggestions on how a more positive debate can be constructed to help identify ways to reduce online hacking and data breaches as well as to enhance the protection of trade secrets and …

Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, I. India Thusi

Faculty Scholarship

The history of the policing of sex work in South Africa reveals the surprisingly contradictory manners that legal regulations, police action, and public discourses have all “policed” sex work to meet competing goals. Sex work has generally been subject to formal state policing in the form of legal regulations and laws, which mostly focus on the public nuisance aspects of it. However, there has also been a more informal policing of sex work through public discourses in the media, medical community, and amongst activists. These various forms of policing are at times contradictory, and may result in various approaches toward …

Serial: The Presumption Of Guilt, Staff Editors

University of Baltimore Law Review

Below is a transcript of a panel discussion with key participants in the defense of Adnan Syed which inspired the popular Serial podcast. The Student Bar Association of the University of Baltimore School of Law hosted the event on February 12, 2015.

Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried

Loyola University Chicago Law Journal

No abstract provided.

Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch

Loyola University Chicago Law Journal

There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, these familiar approaches face difficulties. Accordingly, we have reason to continue our search for the elusive mens rea for complicity. This Article develops a new account of the mens rea for complicity, drawing on an …

Against Professing: Practicing Critical Criminal Procedure, Mae Quinn

Journal Articles

No abstract provided.

Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni

Faculty Works

No abstract provided.

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 …

On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton

Faculty Publications

Regardless of whether the Supreme Court rightly upheld Oklahoma’s execution protocol in Glossip, Oklahoma officials had inadequate reason to choose midazolam as the anesthetizing agent in its procedure. Their decision is one example illustrating Seema Shah’s point that death penalty states are engaged in “poorly designed experimentation that is not based on evidence.” Shah argues that “an important factor” causing the high rate of botched executions is that lethal injection reform is a type of human subjects research that is going unregulated. Shah argues that research requirements, such as informed consent and IRB review, are necessary to render the research …

Timing Brady, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Death By Discovery, Delay, And Disempowerment: Legal Authority For Arbitrators To Provide A Cost-Effective And Expeditious Process, Tracey B. Frisch

Cardozo Journal of Conflict Resolution

Whether warranted or not, despite statistics to the contrary, arbitration in recent years has become a punching bag for criticism that it has begun to mirror the type of scorched earth discovery practices and delays seen in litigation. Why is this? Is it because parties are not actively participating in the arbitration process and instead have allowed their outside counsels to use the litigationstyle discovery and delay tactics with which counsel feel most comfortable? Maybe. Do parties themselves want protracted discovery and a drawn out arbitration process? Some, perhaps. Has arbitration become a victim of its own success, attracting more …

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

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 …

Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts

Faculty Scholarship

No abstract provided.

But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson

Seattle Journal for Social Justice

No abstract provided.

Notice(Ing) Ex-Offenders: A Case Study Of The Manifest Injustice Of Passively Violating A "Felon-In-Possession" Statute, S. David Mitchell

Faculty Publications

Changing a law and criminalizing formerly legal conduct without providing notice of the change and without providing a reasonable period of time for the offending individual to comply with the change not only violates due process but is also manifestly unjust, especially given the scope and breadth of the collateral consequences that attach upon a felony conviction, such as the loss of the right to vote, to serve on a jury, or to receive certain benefits. With the far-reaching impact of a felony conviction on all areas of an individual's life, the maxim that "ignorance of the law excuses no …

Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring

Oklahoma Law Review

No abstract provided.

Are Indiana’S Newly Expunged Convictions Still Available For Impeachment?, Graham Polando

Indiana Law Journal

During trial, a litigant can, of course, impeach a witness with certain criminal convictions. However, Indiana Evidence Rule 609(c), like its federal counterpart, prohibits parties from introducing such evidence when “the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated . . . .” Indiana, however, has no procedure for annulment or certificates of rehabilitation—and, until recently, had nothing resembling one.

To some fanfare, the General Assembly has recently enacted an expungement provision. As courts begin to grant these expungements, it is only …

Book Review, Angela Mae Kupenda

Journal Articles

Racial Reckoning: Prosecuting America’s Civil Rights Murders is an exceptional work by Renee C. Romano. This review will first discuss a concern I had prior to reading her book. Discussion of this alleviated concern will be followed by brief consideration of Romano’s well selected titled, which will be followed by a discussion of what I see as major contributions of the book.

Courts Caught In The Web: Fixing A Failed System With Factors Designed For Sentencing Child Pornography Offenders, Brendan J. Sheehan

Cleveland State Law Review

This Article introduces a Study, compiling data of 238 internet crimes against children occurring between 2008-2012, and concludes there is no correlation between presentence risk assessment scores and the subsequent sentences imposed by Northeast Ohio judges. The current risk assessment tools are insufficient and should be replaced by a comprehensive multi-factor approach that assesses relevant factors and identifies an offender’s placement on the “Spiral of Abuse” to aid Northeast Ohio judges in crafting fair, just, and consistent sentences for CPOs.