Criminal Procedure Commons^™

Uncomfortably Reminiscent: Odonnell V. Harris County In History And Memory, Kellen R. Funk

Faculty Scholarship

In ODonnell v. Harris County, a federal trial court enjoined the misdemeanor bail system of Houston, Texas, freeing approximately 20,000 indigent defendants annually. To do this, the trial court drew upon Reconstruction era precedents establishing intensive federal oversight of state criminal proceedings. The court explicitly invoked the Civil War and Reconstruction transformation of the federal judiciary, comparing the County’s defenses to slavery era arguments. Conversely, when the en banc Fifth Circuit reviewed a similar order in Dallas, Texas, six years later, it rejected this historical framework, condemning such litigation as an impermissible “ongoing federal audit of state criminal proceedings.” …

(Mis)Judging Suspicion, Sherri Lee Keene

Georgetown Law Faculty Publications and Other Works

Twenty-five years ago, the Supreme Court decided Illinois v. Wardlow, a Fourth Amendment case that allowed the high-crime nature of a location to be considered in determinations of whether there was reasonable suspicion to support a police stop. In making these determinations, courts rarely acknowledge the role that race can play in decisions that factor in the nature of a location as context. Yet even when the race of a defendant is not mentioned, high-crime area designations can act as a proxy for race inviting racial bias into courts’ analyses. Reasonable suspicion analysis involves the interpretation of a suspect’s …

The Territorial Continuum: American Samoa, Criminal Adjudication, And Territorial Administration, Emmanuel Hiram Arnaud

Faculty Scholarship

The standard account of American territorial expansion posits that territorial acquisition moved along a spectrum of sovereignty. The federal government acquired new inhabited land through conquest or purchase, and the Constitution tasked Congress with organizing and administering the new territories until they were ready to become states. That pattern came to an abrupt halt in 1898 when, at the conclusion of the Spanish-American War, the Supreme Court, fearing the extension of citizenship to, and the permanent integration of, non-White populations into the American polity, suddenly pronounced that the Constitution authorized the holding of colonies. The Court thus sentenced new territories, …

The Psychology Of A Favor: Why Hidden Witness Payments Demand A New Brady Rule, Adam M. Gershowitz

Faculty Publications

Prosecutors and the police regularly pay informants and other witnesses in criminal cases. These payments can be in the form of rewards, relocation expenses, crime victims funds, and even simple cash. Although witness payments are legal, prosecutors are supposed to disclose them under the Brady doctrine because they are favorable evidence that the defense could use to impeach the witness. Yet prosecutors often fail to disclose witness payments because of communication failures with the police, poor training, excessive caseloads, and occasional ethical lapses.

This Article examines dozens of hidden witness payments that prosecutors failed to disclose. In nearly eighty percent …

Ibu Kota Nusantara Sebagai Daerah Khusus Berdasarkan Desentralisasi Asimetris, Krisna Bagas Purwopangestu, Sri Wahyuningsih

Jurnal Hukum & Pembangunan

This research examines the legal issue concerning the administration of regional government in Nusantara Capital City (IKN) which has been consider by some scholars as demonstrating deviations from the principle of decentralization. This research takes a position contrary to the mainstream legal discourse that argues there is a conceptual deviation in the model of regional governance in IKN. This research is normative legal research employing a conceptual approach and statutory approach with data collected through library research. This research argues that the administration of regional government in IKN does not indicate any deviation from the principle of decentralization. IKN is …

The Exoneration Of Archie Williams, Dominic R. Graves

SACAD: Scholarly Activities

This poster covers the case of Archie Williams, a man incarcerated for a crime he did not commit. Multiple forensic science and criminalistic strategies were employed to exonerate Williams after years of incarcerations. Fingerprints and false identification were themes throughout the case. Much of the evidence was used in the trial but disregarded, only to be used to appeal the punishment. This poster highlights the case, the issues with repeat line-ups, and the accuracy of fingerprints. The poster also conveys alternative actions that could have prevented this unfortunate outcome. This is but one story of many others who have been …

Athletic Participation And Youth Justice System Involvement, Dominic R. Graves, April Terry

SACAD: Scholarly Activities

Research supports the role of prosocial leisure activities in reducing justice system involvement. Athletic-based programs have mixed findings regarding reducing system involvement among youth. However, when implemented correctly, sports programs can greatly benefit youth by providing them with structured adult supervision and mentorship. This poster briefly introduces the social bond theory supporting the influence of athletics and highlights potential negative associations with athletic-based programs. This poster concludes with a review of current implementation and future guidance.

Combating The Colorblind Courtroom: Using Race-Switching To Make Racial Bias Salient, Cynthia Lee

Brooklyn Law Review

In criminal courtrooms across the country, well-meaning judges insist on running colorblind courtrooms — courtrooms in which the attorneys are not allowed to call attention to race. Many judges, including many US Supreme Court justices, believe it is best to ignore racial difference, and that noticing race will encourage racial discrimination. The problem is that colorblind courtrooms are likely to exacerbate, not ameliorate, implicit racial bias. Decades of social science research have demonstrated that making race salient helps decision makers treat similarly situated individuals of different races the same and that not calling attention to race results in decisionmakers treating …

Police And Ai: When Abundantly Helpful Becomes Intrinsically Harmful, Landon Brickey

Brooklyn Law Review

Artificial intelligence (AI) has rapidly crept into nearly all aspects of life, including in government, the criminal justice system, and policing. While Supreme Court Due Process jurisprudence has outlined certain boundaries for police interrogations, much police conduct is left for the states to regulate. Such regulation is sporadic and less restrictive than the public might assume, especially in the realm of police deception. Across jurisdictions, courts allow police to deceptively inform suspects that a witness identified the suspect of the perpetrator of a crime. That the suspect’s finger prints, DNA, or shoe prints were found at the scene of the …

Berbagai Masalah Hukum Bersangkutan Dengan Rumah Susun Dan Pemilikan Satuan Rumah Susun, Prof. Boedi Harsono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Lost And Found, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.

Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer

Nebraska Journal on Advancing Justice

No abstract provided.

Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr

Nebraska Journal on Advancing Justice

No abstract provided.

Dangerous Or Neglected, Amanda Landaverde

Nebraska Journal on Advancing Justice

No abstract provided.

The Call To Action, And My Reluctant Answer, Audrey R. Svane

Nebraska Journal on Advancing Justice

No abstract provided.

Legacy: Introduction To Issue 2, Nicholas L. Marti

Nebraska Journal on Advancing Justice

No abstract provided.

Volume 2, Issue 2 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Fighting Drug Addiction In The Aftermath Of The War On Drugs: Rehabilitative Or Promoting Reoffending?, Haylee Beamer

Criminal Law Society Blog

This Article examines the evolution of drug control policy in the United States, arguing that although modern strategies target both supply and demand reduction mechanisms, they remain fragmented and insufficiently focused on rehabilitation. It traces the historical development of the War on Drugs and its lasting emphasis on punitive enforcement, highlighting the continued reliance on drug task forces and confidential informants. While contemporary reforms such as drug courts and prosecutorial diversion programs demonstrate measurable success in reducing recidivism and promoting recovery, their impact is undermined by inconsistent integration across the criminal justice system. This Article contends that a more cohesive, …

A Prosecutor’S Ethical Duty To Divert, Jordan Stevenson

Legal Writing Competition Winners

In an American courtroom, litigants are divided across an aisle, a gavel grants or divests rights, and a community takes sides. This creates a narrative of duality in the justice system, which many believe is vital to the adversarial legal system. A criminal trial is seen as perpetrator versus victim, but the legal posture is actually government versus individual. In fact, a prosecuting attorney has ethical obligations not just to victims, witnesses, and the broader community, but to defendants as well, in part due to their tremendous discretion to bring or dismiss criminal charges. A prosecutor’s power is far too …

Book Talk: Cnn Legal Analyst Elliot Williams On Five Bullets, Jacob Burns Center For Ethics In The Practice Of Law, Criminal Law Society, Elliot Williams, Jessica A. Roth

2026 Event Invitations

Join the Jacob Burns Center for Ethics in the Practice of Law and the Cardozo Criminal Law Society for a conversation with Elliot Williams about his new book, Five Bullets: The Story of Bernie Goetz, New York's Explosive '80s, and the Subway Vigilante Trial That Divided the Nation. This book revisits the infamous Goetz case and its broader legal and cultural impact. Mr. Williams will be joined in conversation by Professor Jessica Roth.