Eagle Eyes: How the Chicago Police Department’s Video Surveillance Network is Used to Fight Crime and its Fourth Amendment Implications
Eagle Eyes: How the Chicago Police Department’s Video Surveillance Network is Used to Fight Crime and its Fourth Amendment Implications Chicago, Illinois, is home to over million individuals living under…
Striking Out Bias: A Path Toward Ending Religion-Based Peremptory Strikes
Striking Out Bias: A Path Toward Ending Religion-Based Peremptory Strikes Peremptory strikes, while designed to craft fair and impartial juries, carry with them the potential for discriminatory use. Cognizant of…
Paying Financial Sanctions via Incarceration: A Case Study of “Sitting Out”
Paying Financial Sanctions via Incarceration: A Case Study of “Sitting Out” This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines,…
Criminal Data Function Creep
Criminal Data Function Creep Automated, data-driven decision-making can create unfair outcomes and lead to discrimination. This Article considers a relatively ubiquitous part of modern life that is increasingly automated: the…
Coercion, Trauma, and Grief in the Interrogation Room: Documenting and Analyzing Cases of False Confessions to Murder of a Family Member
Coercion, Trauma, and Grief in the Interrogation Room: Documenting and Analyzing Cases of False Confessions to Murder of a Family Member This article examines the phenomenon of false confessions in…
Institutional Structures of Penal Inequality
Institutional Structures of Penal Inequality The penal apparatus is a bundle of wildly divergent practices. Police in some cities use more force than others. Prosecutors in some jurisdictions file charges…
Probation Without a Home: How Probation Maintains Barriers to Successful Completion While Homeless
Probation Without a Home: How Probation Maintains Barriers to Successful Completion While Homeless Following the Supreme Court’s decision in Grants Pass v. Johnson, national attention is being brought to discussions…
Proof Beyond a Reasonable Doubt Doesn’t Exist: Except as an Emergent Property of a Complex Adaptive System
Proof Beyond a Reasonable Doubt Doesn't Exist: Except as an Emergent Property of a Complex Adaptive System The pursuit of knowledge is undergoing a transformation. Scientists and scholars are rejecting…
The Unknowns of the Knowledge Requirement: Revisiting the Deliberate Indifference Standard in Prisoner Healthcare
The Unknowns of the Knowledge Requirement: Revisiting the Deliberate Indifference Standard in Prisoner Healthcare In the 1976 decision Estelle v. Gamble, the Supreme Court held that “deliberate indifference” to significant…
Sentencing Insurrection
Sentencing Insurrection On January 6, 2021, an estimated two thousand people broke police lines and breached the Capitol building in an effort to prevent the certification of the 2020 presidential…
Military Justice: The Forgotten Jurisdiction in Capital Punishment
Military Justice: The Forgotten Jurisdiction in Capital Punishment The military capital punishment scheme for murder in peacetime is unconstitutional. It does not meet the Eighth Amendment’s requirement of heightened reliability…
Towards a Federalism(s) Framework of Punishment
Towards a Federalism(s) Framework of Punishment Federalism and its impact on criminal punishment is foundational to understanding the failures of mass incarceration. Scholars studying the negotiation of power between the…