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…
Police Misconduct: Combatting the Complicity Crisis
Police Misconduct: Combatting the Complicity Crisis This Comment explores the current state of police reform in the city of Chicago, with a special focus on the various oversight agencies currently…
Ending the Presumption of Reasonableness and Using Data to Reduce Sentencing Disparities
Ending the Presumption of Reasonableness and Using Data to Reduce Sentencing Disparities The idea that one’s punishment should depend on the crime committed rather than which judge happens to do…
The State[s] of Confession Law in a Post-Miranda World
The State of Confession Law in a Post-Miranda World Police interrogators often use lies, threats, subterfuge, and psychological pressure to coerce vulnerable suspects to speak. These tactics produce false confessions,…
The ‘Realness’ Key to Compelled Passcode Production
The 'Realness' Key to Compelled Passcode Production This Article explains how the Foregone Conclusion exception to the Fifth Amendment’s privilege against self-incrimination applies to compelled passcode production. The Supreme Court…