“Defund the (School) Police”? Bringing Data to Key School-to-Prison Pipeline Claims
"Defund the (School) Police"? Bringing Data to Key School-to-Prison Pipeline Claims Nationwide calls to “Defund the Police,” largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls…
Missing the Misjoinder Mark: Improving Criminal Joinder of Offenses in Capital-Sentencing Jurisdictions
Missing the Misjoinder Mark: Improving Criminal Joinder of Offenses in Capital-Sentencing Jurisdictions In all state and federal jurisdictions in the United States, joinder allows prosecutors to join multiple offenses against…
Capital Felony Merger
Capital Felony Merger Capital felony murder statutes continue to enable states to sentence criminal defendants to death. These are often individuals who possessed no intent to kill and, in some…
Regional International Juvenile Incarceration Models as a Blueprint for Rehabilitative Reform of Juvenile Criminal Justice Systems in the United States
Regional International Juvenile Incarceration Models as a Blueprint for Rehabilitative Reform of Juvenile Criminal Justice Systems in the United States Adolescence marks a unique and transformative time in a person’s…
Pregnant and Detained: Constitutional Rights and Remedies for Pregnant Detainees
Pregnant and Detained: Constitutional Rights and Remedies for Pregnant Detainees Over the last thirty years, the United States has increasingly expanded what is already the largest immigration detention system in…
Defending Constitutional Rights in Imbalanced Courtrooms
Defending Constitutional Rights in Imbalanced Courtrooms Safeguarding Fourth Amendment protections is critical to preserving individual privacy rights and fostering positive perceptions of police legitimacy within communities. Maintaining an effective accountability…
The Modern Common Law of Crime
The Modern Common Law of Crime Two visions of American criminal law have emerged. The first vision is that criminal law is statutory and posits that legislatures, not courts, draft…
Prison Abolition: From Naïve Idealism to Technological Pragmatism
Prison Abolition: From Naïve Idealism to Technological Pragmatism The United States is finally recoiling from the mass incarceration crisis that has plagued it for half a century. The world’s largest…
The Corporate Insanity Defense
The Corporate Insanity Defense Corporate criminal justice rests on the fiction that corporations possess “minds” capable of instantiating culpable mens rea. The retributive and deterrent justifications for punishing criminal corporations…
Slouching Towards Autonomy: Reenvisioning Tribal Jurisdiction, Native American Autonomy, and Violence Against Women in Indian Country
Slouching Towards Autonomy: Reenvisioning Tribal Jurisdiction, Native American Autonomy, and Violence Against Women in Indian Country Native American women face rates of sexual violence far beyond those experienced by any…
Peremptory Challenges: Preserving An Unequal Allocation and the Potential Promise of Progressive Prosecution
Peremptory Challenges: Preserving An Unequal Allocation and the Potential Promise of Progressive Prosecution In the United States, the relative allocation of peremptory challenges afforded to the defense and prosecution is…
The Specific Deterrent Effects of Criminal Sanctions for Intimate Partner Violence: A Meta-Analysis
The Specific Deterrent Effects of Criminal Sanctions for Intimate Partner Violence: A Meta-Analysis A dozen systematic reviews published since 1978 have sought to clarify the complexities of deterrence theory. These…