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…
Crimes Without Law: Administrative Crimes and the Nondelegation Doctrine
Crimes Without Law: Administrative Crimes and the Nondelegation Doctrine The future of the nondelegation doctrine is clouded with uncertainty. Despite the Supreme Court’s insistence that the nondelegation doctrine is an…
Sex Crimes and Progressive Prosecution: Reimagining Sex Offenses and SORN Laws as an Opportunity for Criminal Justice Reform
Sex Crimes and Progressive Prosecution: Reimagining Sex Offenses and SORN Laws as an Opportunity for Criminal Justice Reform As progressive efforts to reform the criminal legal system continue to take…
Justice Ginsburg’s Criminal Justice Legacy: Fair Tribunals, Fair Punishment
Justice Ginsburg's Criminal Justice Legacy: Fair Tribunals, Fair Punishment Scholars have written much about Supreme Court Justice Ruth Bader Ginsburg’s legacy in many areas of law, but her criminal justice…
Minimal Rationality and The Law of Evidence
Minimal Rationality and The Law of Evidence For more than a century, one of the pillars upon which the law of evidence was thought to rest is that the primary…
Yet Another Elected Power: A Case for Randomly Selected Forepersons
Yet Another Elected Power: A Case for Randomly Selected Forepersons Most United States courts require the jury to elect their own foreperson, a role that has amplified influence on the…