Criminal Procedure Commons^™

The Laura And Isaac Perlmutter Foundation Expands Support For The Perlmutter Center For Legal Justice At Cardozo Law Of Yeshiva University, Bringing Their Total Contribution To $16 Million, With Up To An Additional $2 Million Committed, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Laura and Isaac Perlmutter Foundation announced an additional $500,000 gift to the Perlmutter Center for Legal Justice at Cardozo School of Law, along with a four-year matching commitment of up to $2 million. The expanded support will strengthen the Center's work on wrongful convictions, clemency, resentencing, and experiential legal education while advancing criminal justice reform initiatives.

Williams V. The Second Judicial District Court Of The State Of Nevada, 142 Nev. Adv. Op. 5 (Jan. 29, 2026), Kaleigh Evanchak

Nevada Supreme Court Summaries

The Nevada Supreme Court may reassign a district judge in a criminal case to preserve fairness and the presumption of innocence, even if the judge will not be disqualified for judicial bias.

(Re)Individualizing Criminal Law, Itay Ravid

Faculty Publications

Criminal law purports to care about the individual culpability of those committing crimes. Individual mental states or defenses based on one’s beliefs are considered foundational to moral responsibility and criminal conviction. The expansion of algorithmic risk assessment tools in the criminal legal system, however, threatens these principles, changing the criminal law subject from an autonomous individual to merely a predicted object. This Article argues that risk assessment tools—now functioning as gatekeepers at both the entry and exit stages of the criminal process, from predictive policing to compassionate release eligibility—have shifted the criminal system away from its foundation in individual culpability. …

Perlmutter Center's Derrick Hamilton, Reform Advocates Secure Passage Of New York State's Prison Justice Omnibus Package, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law recognized Derrick Hamilton, Deputy Director of the Perlmutter Center for Legal Justice, and fellow criminal justice reform advocates for their role in advancing New York State's Prison Justice Omnibus Package. The legislation expands transparency, oversight, and accountability in state correctional facilities and reflects the advocacy of the End Prison Violence campaign.

“I Like My Eighteenth Century Fresh”: Geofence Warrants, General Warrants, And The Evolving Fourth Amendment, Alexa M. Mascaró

University of Miami Law Review

Almost 250 years ago, our Founding Fathers fought to create a nation free from the confines of British imperial rule. Outrage over governmental intrusions enabled by suspicionless general warrants and writs of assistance galvanized an American polity determined to prevent the abuses that had come to define colonial life. The Fourth Amendment was enacted as a response to executive overreach, and it was deeply informed by the fraught history that led to its adoption—a history that is still used by courts today to define constitutional protections.

In the digital age, the rapid speed of technological innovation has created a precarious …

Diet: Another Piece Of The Crime Puzzle?, Jerrod Brown, Jeremiah Schimp, Leanne Skehan, Amanda Fenrich, Janina Cich

Nutritional Neurocriminology Today

An expanding body of research suggests that diet and nutrition may play an influential yet underrecognized role in problematic and criminal behaviors. This article synthesizes research linking excessive consumption of sugar and ultra-processed foods to adverse neurobehavioral outcomes, impaired impulse control, aggression, mood dysregulation, and sleep problems. Integrating research suggests that metabolic disruption, neuroinflammation, and gut–brain axis dysfunction may influence cognitive and emotional regulation. While criminal behavior is complex and multifactorial, this article emphasizes nutrition as a modifiable factor to inform forensic mental health practice, correctional policy, and rehabilitative strategies.

Ajay (Ajay) V. State, 142 Nev. Adv. Op. 4 (Jan. 15, 2026), David Elder

Nevada Supreme Court Summaries

A waiver of Miranda rights is invalid if the rights are only explained in English and the criminally accused individual has limited English proficiency.

Rogers V. State Of Nevada, 142 Nev. Adv. Op. 3 (Jan. 15, 2026), Luis Dorantes

Nevada Supreme Court Summaries

NEITHER NRS 176.055 NOR NRS 178.463 PERMITS CREDITING TIME PREVIOUSLY SERVED IN PRISON ON VACATED CRIMINAL CONVICTIONS AGAINST THE LENGTH OF A CIVIL COMMITMENT.

Volume 14 Masthead

American Indian Law Journal

No abstract provided.

Organized Transnational Smuggling Of Narcotic Drugs And Psychotropic Substances: Means, Effects, And International Control Mechanisms, Youness Nafid

Journal of Police and Legal Sciences

This study highlights, discusses, and analyzes the conditions and elements through which the crimes of drug and psychotropic substance trafficking of an organized and transnational nature are realized. These crimes are committed through multiple, complex, and organized means. We based our analysis on the provisions of the United Nations Convention against Transnational Organized Crime, as it is one of the most significant international agreements that serves as a reference for member states in defining and regulating the concept of organized criminal groups, as well as in defining the concept and cases of transnational organized crime.

We called for the enhancement …

Table Of Contents

American Indian Law Journal

No abstract provided.

The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy

Indian Journal of Law and Technology

The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …

Chatgpt Goes To (National)Law School, Rahul Hemrajani, Vedant Gupta, R Srivatsan, Radhika Singhal, Krishne Tanneerbavi, Shristy Chhaparia, Siddharth Johar, Srujan Sangai, Suvanssh Mahajan, Priyansh Dixit, V Sreedharan, Dhruv Holla, Gunjan Modi, Kajal Jamdare, Pratyay Amrit, Sannah Mudbidri, Ishaan Goel, Akshit Singla, Arjun Mehta, Madhav Mitruka, Mannat Mahaey, Nathaniel Warjri, Swapnil Das, Ojas Chandaniha, Yash Ahirwar, Animesh Tiwari, Aman Meena

Indian Journal of Law and Technology

This paper presents the first comprehensive empirical evaluation of Large Language Models’ (‘LLMs’) performance in Indian legal education. We compare six Artificial Intelligence (‘AI’) chatbots with law students at the National Law School of India University, Bengaluru, across four subjects: Contract Law, Corporate Law, Criminal Procedure, and Jurisprudence. Our findings show that LLMs achieve performance comparable to human students (B+ grade), with newer commercial models consistently outperforming older and open-source alternatives. We also find that while LLMs excel in theoretical subjects and structured legal analysis, they show limitations in handling jurisdiction-specific knowledge and complex scenario-based reasoning. These findings have important …

The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz

Faculty Scholarship

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower courts. While far too little is known about how Brady materiality claims are actually adjudicated, there is strong evidence that courts often reject Brady claims involving withheld evidence on the grounds that the evidence was not significant enough to be material.

To examine how Brady …

Civil And Criminal Justice Remedies For Intimate Partner Violence, Demetrice M. Lopez, Anika Ramos

Hunter Center Publications

Intimate partner violence (IPV) is a persistent public health problem that impacts the physical and mental health of millions of people each year. The United States has historically relied on the legal system as the primary means of addressing IPV as a criminal or civil infraction. This chapter begins with a review of the history of IPV in the context of the legal system. It then considers the dynamics of IPV and its influence on the legal response. The chapter then looks at the broader impact of IPV and remedies for survivors in the justice system. Finally, it considers the …

The Indelible Flaws Of Conviction Integrity Units, Sarah Gottlieb

Scholarly Articles

Conviction Integrity Units within prosecutors’ offices have doubled in number over the last 10 years. Leaders of the innocence movement initially praised these units, believing they were necessary for the future of innocence work given their unique access to discovery, and scholars hoped Conviction Integrity Units would lead prosecutors away from fighting against claims of innocence to sincere and open review of wrongful convictions. But, as Conviction Integrity Units proliferated, the question of whether prosecutors can fulfill the mandate of these offices and conduct thorough review of their colleagues’ work has received insufficient inquiry, particularly given that official misconduct continues …

“No One Can Hear You Scream”: Intimate Partner Violence And Family Justice Centers In Rural America, Jordan Stevenson

Legal Writing Competition Winners

In rural Kentucky, where cars are a necessity to traverse the rugged Appalachian Mountains and sparsely populated farmlands, “Barbara’s” abusive husband couldn’t let her get away—so he set her car aflame. Although census-defined rural areas contain only 20% of the United States population, some studies have found that intimate partner violence is more common and severe in rural areas than urban or suburban regions. 

People, especially women, in rural areas experience intimate partner violence in unique ways tied to their geographic and cultural context. Consequently, organizations, courts, and law enforcement struggle to meet the needs of affected populations in rural …

Collaborative Nullification: Bending Or Ignoring The Law To Free The Over-Punished, David A. Singleton

Journal Articles

The United States accounts for about 25% of the world’s prisoners but only about 5% of its population. It has the fifth highest imprisonment rate—higher than China and Russia—with people of color disproportionately impacted. This racialized mass incarceration, and the lack of political will to meaningfully address it, demands bold remedies. ...

So, what should attorneys do for clients like Pat when no viable release mechanisms remain: concede defeat and move on, or collaborate with those who are willing to ignore the law and grant release anyway?

This article proposes that the second option, which I call “collaborative nullification,” can …

Computational Clinical Judgment: Predicting Risk With Large Language Models, Hannah Laqueur, Ryan W. Copus

Faculty Works

For seventy years, research has shown actuarial methods outperform clinical judgment. Yet actuarial approaches have limitations: they generally rely on structured data; cannot exploit rare case-specific details; have limited accuracy where outcome data are scarce or incomplete; and cannot offer case-level justifications. Large language models (LLMs) offer a different approach. Like actuarial methods, they aggregate information algorithmically, but like clinicians, they bring general knowledge and can provide case-level justifications. We prompted seven LLMs to assess rearrest risk from 113 parole hearing transcripts and compared their predictions to a machine learning model trained on 4,000 cases with 91 administrative variables. GPT-5 …

Legislatively Erased: The Failure Of Privacy Legislation To Protect People Connected To The Criminal Legal System, Chaz Arnett, Kate Weisburd

Faculty Scholarship

No abstract provided.