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…
Categorical Declinations & Democracy
Categorical Declinations & Democracy The most contentious action taken by reform prosecutors has been the issuance of categorical declination policies. Opponents decry this as bureaucratic nullification of democratically enacted offenses,…
County Prosecution and State Preemption: The Confusing Politics of Criminal Legal Reform and Backlash
County Prosecution and State Preemption: The Confusing Politics of Criminal Legal Reform and Backlash Urban reform prosecutors, who are generally elected at the county level, find themselves in a tricky…
Prosecuting Police
Prosecuting Police Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars…
Second Look Myopia: State Sentencing Reform and the Local Prosecutorial Response
Second Look Myopia: State Sentencing Reform and the Local Prosecutorial Response This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to filter cases worthy…
Legislatures and Localized Resentencing
Legislatures and Localized Resentencing Recent legislation, exemplified in statutes from California and Washington, creates new methods for resentencing defendants in old cases. These laws place controlling authority for resentencing in…
Evidence of Unfairness: New York’s 2020 Discovery Statute Reduced Fairness for Defendants, Victims, and Society
Evidence of Unfairness: New York's 2020 Discovery Statute Reduced Fairness for Defendants, Victims, and Society To ensure fairness and safety for all citizens, it is crucial to evaluate the impact…
Excessive Force in Prison
Excessive Force in Prison Any time a correctional officer (CO) physically assaults someone in prison, their conduct demands an especially compelling justification and robust ex post scrutiny. Instead, governing Eighth…