Criminal Procedure Commons^™

De-Policing: An Updated Empirical Analysis Of Crime And Federal Police Reform, Griffin Edwards, Stephen Rushin

Washington and Lee Law Review

This Article builds on prior work by empirically analyzing the effect of federal intervention in local police departments on crime and clearance rates, using updated data and methodologies.

Congress passed 34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141) in 1994 to give the United States Attorney General the authority to seek equitable relief against local and state law enforcement agencies engaged in patterns or practices of misconduct. Since its passage, the Department of Justice has investigated and intervened into dozens of American police departments, including some of the largest police departments in the country. Federal intervention represents one of …

Riding On Horseback To The Moon: Consent Searches In The Age Of Smartphones And Digital Tracking, Jonathan Kerr

Washington and Lee Law Review

In 2014, when the Supreme Court ruled in Riley v. California that police must get a warrant before conducting a search of a cell phone, Chief Justice John Roberts described comparing a search of data on a cell phone to a search of other physical items as “like saying a ride on horseback is materially indistinguishable from a flight to the moon.” A decade later, an overwhelming majority of Americans carry cell phones that contain an ever-expanding set of data showing their habits, routines, and the minutiae of their everyday lives, offering a potential wealth of information to law enforcement …

U.S. Territories And The Criminal Law Curriculum, Emmanuel Hiram Arnaud

Faculty Scholarship

In this Article, I make a case for why issues concerning the territories should be taught in law school courses and suggest a few ways in which federal criminal adjudication in the territories can and should be incorporated into the criminal law and procedure curriculum.¹⁰ As I advance elsewhere,¹¹ criminal adjudication in the territories functions differently than in the mainland United States.¹² Using the framework of what I call the “territorial criminal legal system,” I have begun mapping the contours of the unique prosecutorial ecosystem produced by the territorial condition.¹³ Chief among the characteristics is the …

The Truth Should Set You Free: The Case For Removing State Knowledge Requirements From False Testimony Standards, Alexa Pietrowsk

Cardozo Law Review

False testimony claims are an increasinglypopular vehicle in a handful ofstates through which petitioners can challenge unconstitutional criminal convictions. Successful false testimony claims grant petitioners access to remedies guaranteed by the Due Process Clause and overturn offending convictions, giving individuals access to new trials or similar relief But like many post-conviction standards, false testimony is evaluated differently from state to state, producing disparate results. While every state's standard requires that the testimony used at trial be proven both false and material to the petitioner's conviction, states diverge as to whether petitioners must show that a state actor-usually prosecutors or police-knew …

Springboard To Article V (Or Electoral Democracy And The End Of Constitutional Amendment In The Nation And States), Wilfred U. Codrington Iii

Articles

Drafted in exceedingly sparing terms and notoriously difficult to amend, the U S. Constitution is falling short in one of the most important functions of a government charter: establishing and maintaining a fair and just electoral framework-marked by rules that promote the values of equality, participation, competition, and transparency in elections. That is, the Constitution increasingly fails to preserve electoral democracy even as the nation's systems for voting and elections are plagued by a cascade of problems. State constitutions, though not uniform, are uniformly easier to amend than the national charter and tend to be better stewards of electoral democracy. …

An Expert Is Just Some Guy From Out Of Town: Analyzing The Neoliberal Evolution Of Expert Witness Testimony In Criminal Law, Alyssa G. Harrison

University of Richmond Law Review

Expert witness testimony plays an outsized role in American law. Called upon to explain medical or scientific terms to less-knowledgeable peers, an expert can be a powerful tool, offering an authoritative perspective on specialized aspects of a case. The legal community grants experts this authority based on their alleged knowledge—within the legal sphere, science is “idealiz[ed],” and those with the “right” education or credentials are seen as more credible than those without. Despite this, legal professionals are known to “embrace expert evidence when it is misleading and un- helpful.” The expert witness tool, however, is too often denied to those …

From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman

The International Law Review Association Student Forum

The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …

Orientasi Rigid Dan Moderat Dalam Penafsiran Original Intent Dan Praktiknya Di Indonesia, Muhammad Alwi Khoiri Ramdani, Susi Dwi Harijanto, Lailani Sungkar

Jurnal Hukum & Pembangunan

Metode original intent lazimnya menghasilkan penafsiran yang bersifat rigid sesuai niat perumusnya. Selama konstitusi tidak diubah, maka tafsiran original intent pun tidak berubah. Namun penggunaan metode penafsiran original intent di Indonesia dapat menghasilkan pemaknaan yang berbeda/berubah meskipun ketentuan konstitusi dan perumusnya tidak berganti. Hal ini terjadi karena terdapat perkembangan pemikiran dalam penerapan metode penafsiran original intent. Penelitian ini membahas mengenai perkembangan pemikiran tersebut dan menganalisa pola penerapan metode original intent dalam penafsiran konstitusi yang dilakukan oleh Mahkamah Konstitusi di Indonesia. Ini merupakan penelitian doktriner dengan pendekatan konsep dan kasus. Hasil penelitian menunjukkan bahwa terdapat perkembangan pemikiran dalam penerapan metode penafsiran …

Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati

Jurnal Hukum & Pembangunan

Pembatasan akses aborsi di Indonesia menyebabkan banyak perempuan dengan kehamilan tidak diinginkan terpaksa berhadapan dengan hukum. Pembatasan aborsi yang mengakibatkan kriminalisasi ini dapat menyebabkan dilema moral bagi banyak perempuan yang mengalami kehamilan tidak diinginkan. Padahal aborsi berpotensi terjadi pada setiap perempuan berusia produktif di Indonesia. Aborsi di Indonesia merupakan tindakan ilegal dan aborsi hanya dapat dilakukan dalam dua kondisi saja, yakni kedaruratan medis dan kehamilan yang disebabkan perkosaan. Artikel ini menganalisa bagaimana sebenarnya substansi aborsi dapat dimasukkan pada kategori hak kesehatan reproduksi perempuan dan mengapa negara Indonesia perlu mengubah kebijakan dan hukum mengenai aborsi. Untuk melihat seberapa pentingnya negara harus …

Konstitusionalitas Model Putusan Bawaslu Dalam Penyelesaian Pelanggaran Administratif Pemilu, Muhammad Rifai Yusuf, Syarif Hidayat

Jurnal Hukum & Pembangunan

As one of the institutions that carries out quasi-judicial functions in the field of general elections, Bawaslu could issue a decision through an adjudication process. In 2017, Bawaslu was criticized for its several decisions in the Sipol case held by the KPU for the registration of participants in the 2019 general elections, mainly because it was considered that Bawaslu equated its position with the Supreme Court by assessing that Sipol in the KPU Regulation was not in line with the Election Law. In 2024, decisions on election administrative violations appear to be softer or seem to avoid the same potential …

Keith Allen Harward's Wrongful Conviction, Matthias Pearce

SACAD: Scholarly Activities

Keith Allen Harward served 33 years in prison in Virginia for a rape and murder (The Innocence Project, 2025). The main evidence for his conviction was bite marks found on the rape victim’s legs. Someone broke into a house and murdered a man and raped the man’s wife. The rape victim described the man who had assaulted her, saying he was wearing a sailor’s outfit. A shipyard security guard nearby reported a man in a blood-spattered E-3 sailor’s uniform. Dental records of all E-3s were obtained and tested, and Harward was identified as the assailant (Keith Allen HARWARD v. COMMONWEALTH …

Attorney Perceptions Of Plea-Bargaining, Sarah K. Edelen

Undergraduate Theses

The purpose of this study is to gain a deeper understanding of how criminal prosecutors and defense attorneys describe the negotiation process of plea-bargains, and the roles and discretion they exercise during it. Additionally, plea-bargaining is not well understood by many members of the public, so this research allows the public to gain insight and knowledge into the process. This study consisted of in-depth, qualitative interviews with both prosecutors and defense attorneys. The results of the study were analyzed through a content analysis. Overall, it was found that the way the plea-bargaining process is described through the existing literature differs …

State V. Grant: Is Intent An Essential Element Of Criminal Attempt In Maine?, Bethanne Lyons Poliquin

Maine Law Review

Criminal attempt is a conceptually difficult area of the criminal law. Efforts to develop a judicial and statutory framework for the imposition of criminal attempt liability have resulted in analytical difficulties from which sound policy has not emerged. The Maine Supreme Judicial Court has recently encountered this problem in State v. Grant. Liability for criminal attempt has traditionally been limited to those situations in which the actor is shown to have had the specific intent to engage in conduct that constituted a substantial step toward the commission of the substantive crime. Because of this requirement, courts have reasoned that criminal …

Criminal Contempt In Maine: Constitutionally Protected Or Neglected?, Christopher D. Hardy

Maine Law Review

The power to punish contempt of court is an ancient power justified as inherent and necessary for the effective administration of justice. Because criminal contempts are willful challenges to the power of a court to maintain control over its proceedings, contempts are acts which serve to lessen the dignity and authority of the court. Certainly, the maintenance of decorum in the courtrooms is of paramount importance. Absent the ability to sanction willful disobedience, a court is powerless to enforce its decrees or control its proceedings. Yet it is a power readily open to abuse; application of this power must be …

Presumptions Against Criminal Defendants, Affirmative Defenses, And A Substantive Due Process Interpretation Of County Court Of Ulster V. Allen, John C. Sheldon

Maine Law Review

In County Court of Ulster County v. Allen, the Supreme Court stated: "inferences and presumptions are a staple of our adversary system of factfinding." Because Allen concerned the constitutionality of the use against criminal defendants of such deductive devices as statutory inferences and presumptions, it appeared that the decision would ultimately favor their unrestricted use in criminal cases by the prosecution. Further, that expectation was buttressed by the ruling in Patterson v. New York, in which the Court awarded constitutional sanction to state use of affirmative defenses against criminal defendants. These facts suggested that the Court would refrain from imposing …

Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Occupy, Nicholas Marti

Nebraska Journal on Advancing Justice

No abstract provided.

Rise Re-Entry Program, Rise Artists

Nebraska Journal on Advancing Justice

No abstract provided.

Airport Milk Justice, Elsbeth Magilton

Nebraska Journal on Advancing Justice

This creative and personal Essay explores the complex and often overlooked experience of a new working mother. Through a series of personal stories featuring airports and security personnel, this author navigates the struggles and lack of support from society for breastfeeding on-the-go. Ultimately, the author was able to use these personal experiences and turn them into a positive advocacy mission for herself and for other working mothers across the United States by finding solutions and reaching out to airport regulators. This piece highlights candidly the intersection between motherhood and the professional world by illustrating the difficulties and evolving expectations for …

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …