Criminal Procedure Commons^™

Not Just Mercy: Governors Should Use The Executive Clemency Power As A Corrective Tool For Mass Incarceration, Laura Tierney

Cardozo Journal of Equal Rights & Social Justice

The note argues that state governors should revive the use of executive clemency as a corrective tool to address mass incarceration and its disproportionate impact on communities of color. Executive clemency, which includes pardons, commutations, and sentence reductions, offers a means to provide immediate relief and promote social justice. The author emphasizes the historical roots of clemency as a check on the criminal justice system and advocates for its use to reduce prison populations and counteract the legacy of punitive policies.

Back To The Future: Revisiting State Constitutions To Protect Against New Technological Intrusions, Matthew Radford

Washington and Lee Law Review

The Fourth Amendment is crucial for protecting Americans from government intrusion. However, new technologies such as pole cameras, reverse keyword searches, and geofence searches provide new ways for governments to gather information about individuals. As these new technologies develop, the Fourth Amendment has struggled to advance alongside this new technology.

Thankfully, the Fourth Amendment is not the only protection Americans have from government intrusion. Every single state has its own state constitution and analog to the Federal Fourth Amendment. In fact, some states had their own analog amendments even before the adoption of the Federal Fourth Amendment. While oftentimes the …

Anyone You Are Related To Can Be Used Against You: Criminal Discovery Statutes And Investigative Genetic Genealogy, Caroline Levine

Cardozo Law Review

The use of investigative genetic genealogy (“IGG”) as a basis for arresting suspects in complex and dormant investigations is raising serious concerns about whether the due process rights of criminal defendants in these cases are being violated. This Note provides a comprehensive look at the role of this groundbreaking, yet little-understood technology in criminal prosecutions. Technological advances have historically necessitated that courts expand and reinterpret legal principles. As a novel derivative of traditional DNA testing, this Note argues IGG should similarly require that discovery statutes be amended or rewritten to adapt to this cutting-edge technique, which is so new that …

Gendered Capital Punishment, Sandra L. Babcock

Cornell Law Faculty Publications

This Article, for the first time, grapples with the influence of gender on decision makers in women’s capital trials. Part I provides a brief overview of scholarship examining the experiences of women offenders in the criminal legal system. Part II explains how gender inflects the prosecutions of women charged with capital crimes, drawing on scholarly research as well as a data set comprised of the trial transcripts of every woman currently on death row in the United States. Part III explores how the gender of key decision makers could affect the quality of justice received by women capital defendants. I …

How To Impeach A Verdict: A Response To Melanie C. Regis, Cynara Hermes Mcquillan

Scholarly Works

No abstract provided.

Women On Death Row In The United States, Sandra Babcock, Nathalie Greenfield, Kathryn Adamson

Cardozo Law Review

This Article presents a comprehensive study of forty-eight persons sentenced to death between 1990 and 2022 who were legally recognized as women at the time of their trials. Our research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence (“GBV”), and prior involvement with the criminal legal system. We also explore the nature of the women’s crimes of conviction, including the role of male codefendants and the state’s use of aggravating factors. Finally, we reveal …

Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab

Jurnal Hukum & Pembangunan

The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …

Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat

Jurnal Hukum & Pembangunan

Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …

Brief Of Criminal Law Scholars As Amici Curiae In Support Of Petitioner, Ira P. Robbins

Amicus Briefs & Court Filings

Amici are law professors who teach and research criminal law and procedure. They have no personal interests in this case. Their sole interest is in the protection and preservation of the constitutional rights of criminal defendants.

The Elephant In The Dark Room: A Response To Fair Notice, The Rule Of Law And Reforming Qualified Immunity, Teressa E. Ravenell

Faculty Publications

In response to Professor Chapman’s Fair Notice, the Rule of Law, and Reforming Qualified Immunity, this article examines the viability of Chapman’s proposal to reform qualified immunity by focusing on the “fair notice” rationale. Chapman argues that government officials should not be shielded from liability in cases where they acted in bad faith, violated criminal laws, or engaged in conduct malum in se. This article explores whether such a proposal could meaningfully alter qualified immunity litigation and concludes that significant procedural and historical barriers make this reform unlikely to succeed.

Advancements In Technology Empower Lp Pros In Security Investigations, Alan Saquella

Publications

In recent years, the field of security investigations has witnessed a profound transformation owing to the rapid integration of technology. Loss prevention professionals have been at the forefront of this revolution, harnessing advanced tools and capabilities that have greatly enhanced their effectiveness in preventing and resolving criminal activities. This article explores how the use of technology, including drones, cameras, AI, video analytics, and intelligence software, has reshaped security investigations, and how staying on the cutting edge of these advancements is crucial for the future of this field.

Police Shootings After Torres V. Madrid: Suspects Eluding Capture Are Seized Under Fourth Amendment, Travis R. Thickstun

The Scholar: St. Mary's Law Review on Race and Social Justice

In Torres v. Madrid, the Supreme Court held that the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. Because this new rule brings even the slightest touches within the Fourth Amendment’s protections against unreasonable searches and seizures, it allows more claims against police officers for violations of the Fourth Amendment’s prohibition on unreasonable searches and seizures.

Until the Torres decision though, only when someone shot by police was actually taken into custody could that person sue the police officers …

Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini

Jurnal Hukum & Pembangunan

Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …

Inmate Assistance Programs, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This paper analyzes the deterrence implications of different inmate assistance programs (IAPs), carefully distinguishing between deterrence of first offenses and recidivism. All IAPs considered in our model reduce recidivism, and we identify IAPs that also reduce the first offense rate. However, IAPs which increase work opportunities, improve the reintegration of exiting inmates, and moderate individual’s self-control issues may lower the deterrence of first offenses, if this possibility is not adequately anticipated when designing these IAPs.

Administrative Arrest Warrants: Armed Encounters Outside The Judicial Process, Meg Penrose

Faculty Scholarship

This Article considers three related questions. First, is a person “seized” under the Fourth Amendment when law enforcement restricts a person’s movements in their home and limits their ability to leave or go about their business? Second, does the answer to this seizure inquiry turn on the person’s citizenship status? And third, how do lawyers ensure that courts discard bad law? This last question is not a qualitative assessment— with good and bad law being tied to one’s legal ideology. Rather, certain legal holdings, dating back over half a century, have been whittled away if not entirely eroded. When this …

The Influence Of The Race Of Defendant And The Race Of Victim On Capital Charging And Sentencing In California, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence

Faculty Scholarship

The California Racial Justice Act of 2020 recognized racial and ethnic discrimination as a basis for relief in capital cases, expressly permitting several types of statistical evidence to be introduced. This statewide study of the influence of race and ethnicity on the application of capital punishment contributes to this evidence. We draw on data from over 27,000 murder and manslaughter convictions in California state courts between 1978 and 2002. Using multiple methods, we found significant racial and ethnic disparities in charging and sentencing decisions. Controlling for defendant culpability and specific statutory aggravators, we show that Black and Latinx defendants and …

Prosecutorial Data Transparency And Data Justice, Caitlin Glass, Kat M. Albrecht, Perry Moriearty

Northwestern University Law Review

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

Lawyerless Litigants, Filing Fees, Transaction Costs, And The Federal Courts: Learning From Scales, Judith Resnik, Henry Wu, Jenn Dikler, David T. Wong, Romina Lilollari, Claire Stobb, Elizabeth Beling, Avital Fried, Anna Selbrede, Jack Sollows, Mikael Tessema, Julia Udell

Northwestern University Law Review

Two Latin phrases describing litigants—pro se (for oneself) and in forma pauperis (IFP, as a poor person)—prompt this inquiry into the relationship between self-representation and requests for filing fee waivers. We sketch the governing legal principles for people seeking relief in the federal courts, the sources of income of the federal judiciary, the differing regimes to which Congress has subjected incarcerated and nonincarcerated people filing civil lawsuits, and analyses enabled by SCALES, a newly available database that coded 2016 and 2017 federal court docket sheets. This Essay’s account of what can be learned and of the data gaps demonstrates the …

Indiana Law Supporting Newly Established Indiana Innocence Project, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Law students from the Indiana University Maurer School of Law will have the opportunity to help exonerate wrongfully convicted Hoosiers through the newly established Indiana Innocence Project, which officially launched Saturday (Aug. 17).

Established in association with the national Innocence Project—which has helped free more than 240 wrongfully convicted prisoners since 1992—the Indiana Innocence Project (INIP) has been made possible through the support of the Herbert Simon Family Foundation, along with the Law School and IU’s Department of Criminal Justice.

The Indiana Innocence Project will screen and investigate cases with meritorious innocence claims, secure DNA testing when biological evidence …

Past And Present Of The Cvs: Empirical Research And Evidence-Based Policy, Kevin T. Wolff

Publications and Research

In this keynote address, I emphasized the critical role of accurate crime measurement in developing evidence-based policies. I discussed the "dark figure of crime," highlighting how many crimes go unreported, and stressed the importance of victimization surveys in uncovering these hidden crimes to provide a more complete picture of criminal activity.

I also explored how technological advancements, particularly AI, are transforming how we collect and analyze crime data. While AI offers significant benefits in predictive policing and resource allocation, I cautioned about the risks of bias and privacy issues that must be managed carefully.

Regional collaboration, standardization, and inclusivity are …