“You May Be Down and Out, But You Ain’t Beaten”: Collective Bargaining for Incarcerated Workers
“You May Be Down and Out, But You Ain’t Beaten”: Collective Bargaining for Incarcerated Workers The Supreme Court’s sweeping 1977 decision in Jones v. North Carolina Prisoners’ Labor Union determined…
The Perceptions of Juvenile Judges Regarding Adolescent Development in Evaluating Juvenile Competency
The Perceptions of Juvenile Judges Regarding Adolescent Development in Evaluating Juvenile Competency This analysis provides the first known in-depth qualitative inquiry into if and how juvenile court judges take the…
Prosecutorial Declination Statements
Prosecutorial Declination Statements This Article examines how prosecutors convey to various audiences their decisions not to charge in discrete cases. Although prosecutors regularly issue public statements about their declinations—and anecdotal…
Protecting Crime Victims in State Constitutions: The Example of the New Marsy’s Law for Florida
Protecting Crime Victims in State Constitutions: The Example of the New Marsy's Law for Florida A majority of states have adopted state constitutional amendments protecting crime victims’ rights. Most of…
Family Separation Under the Trump Administration: Applying an International Criminal Law Framework
Family Separation Under the Trump Administration: Applying an International Criminal Law Framework In April 2018, former Attorney General Jeff Sessions announced the “Zero Tolerance Policy.” The policy significantly increased criminal…
A Material Change to Brady: Rethinking Brady v. Maryland, Materiality, and Criminal Discovery
A Material Change to Brady: Rethinking Brady v. Maryland, Materiality, and Criminal Discovery How we think about the trial process, and the assumptions and beliefs we bring to bear on…
The Prosecutor as a Final Safeguard Against False Convictions: How Prosecutors Assist with Exoneration
The Prosecutor as a Final Safeguard Against False Convictions: How Prosecutors Assist with Exoneration Read the syndicated article here
Eyewitness Identification and the Problematics of Blackstonian Reform of the Criminal Law
Eyewitness Identification and the Problematics of Blackstonian Reform of the Criminal Law A substantial number of wrongful convictions are attributable to inaccurate identifications of perpetrators, stemming from the difficulties that…
Juvenile Life Without Parole in North Carolina
Juvenile Life Without Parole in North Carolina Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the Supreme Court noted in Graham v. Florida. The United…
Inaccuracy and the Involuntary Confession: Understanding Rogers v. Richmond Rightly
Inaccuracy and the Involuntary Confession: Understanding Rogers v. Richmond Rightly Read the syndicated article here
False Confessions and Testimonial Injustice
False Confessions and Testimonial Injustice In the criminal justice system, confessions have long been considered the gold standard in evidence. An immediate problem arises for this gold standard, however, when…
Defining “Special Care”
Defining "Special Care" For the better part of the last century, the Supreme Court has held that courts must evaluate the voluntariness of juvenile confessions with “special care.” This special…