Police Diversity Theory
Police Diversity Theory In light of both the tragic death of Tyre Nichols in Memphis at the hands of black police officers and the mixed results of studies of Black…
Abolition of What?
Abolition of What? This Article defends a structural theory of the brutality of the carceral state. We argue that American penal systems are destined to be inhumane, barring sweeping changes…
The Arrival of the Ultimate Disillusionment: The Right to a Jury Should be Recognized in the Juvenile Court System
The Arrival of the Ultimate Disillusionment: The Right to a Jury Should be Recognized in the Juvenile Court System The American juvenile court system does not recognize a right to…
A New Theory of Gun Control: A Federal Regulatory Blueprint to Hold America’s Firearms Industry Accountable for Mass Shootings
A New Theory of Gun Control: A Federal Regulatory Blueprint to Hold America's Firearms Industry Accountable for Mass Shootings Commerce in Arms Act (PLCAA) into law, granting the firearms industry…
Does a Lawyer Make a Difference? A Study on the Sentencing of Death-Eligible Drug Offenders in China
Does a Lawyer Make a Difference? A Study on the Sentencing of Death-Eligible Drug Offenders in China Does legal representation affect critical judicial decisions? This Article highlights a paradox at…
Sacred Victims: Fifty Years of Data on Victim Race and Sex as Predictors of Execution
Sacred Victims: Fifty Years of Data on Victim Race and Sex as Predictors of Execution In this essay, we update and expand David Baldus’s famous study of Georgia homicides in…
The Brady Database
The Brady Database The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to…
Rethinking the “No-Duty Rule: How DeShaney Can Be Reformed to Enable Objective, Coherent Analysis and Protection for More Victims of Crime
Rethinking the "No-Duty Rule: How DeShaney Can Be Reformed to Enable Objective, Coherent Analysis and Protection for More Victims of Crime “Failure-to-protect” cases, situations in which crime victims do not…
“The Clearest Proof”: Constitutional Concerns Surrounding the Illinois Sexually Violent Persons Commitment Act
"The Clearest Proof": Constitutional Concerns Surrounding the Illinois Sexually Violent Persons Commitment Act The Illinois General Assembly enacted the Sexually Violent Persons Commitment Act (SVPCA) in 1998, allowing the State…
On “Vague Latin Phrase” and Criminal Confessions: Corpus Delicti, Trustworthiness, and Corroboration, and the Federal Rules of Evidence
On "Vague Latin Phrase" and Criminal Confessions: Corpus Delicti, Trustworthiness, and Corroboration, and the Federal Rules of Evidence The corpus delicti rule—prohibiting conviction of a crime based solely on a…
Past, Prologue, and Constitutional Limits on Criminal Penalties
Past, Prologue, and Constitutional Limits on Criminal Penalties Most criminal prosecutions occur at a level that is both neglected by many legal scholars and central to the lives of most…
Rethinking the Balance of Interests in Non-Exculpatory Defenses
Rethinking the Balance of Interests in Non-Exculpatory Defenses Most criminal law defenses serve the criminal law’s goal of shielding blameless defendants from liability. Justification defenses, such as self- defense and…