Oct 5, 2021 | Article, Criminal, Criminal Procedure, Liz Komar, Miriam Krinsky
By Miriam Krinsky, and Liz Komar Abstract Against the backdrop of the prosecutorial reform movement, this Article explores the origins of the tensions between victims’ rights and criminal justice reform efforts and argues that while victims’ rights may be in tension...
Oct 5, 2021 | Article, Criminal, Criminal Procedure, Feature, Lauren Boone, Law and Politics, Nathan Jackson, Shima Baughman
By Shima Baughman, Lauren Boone, and Nathan Jackson Abstract We are waist-deep in the third wave of bail reform. Scholars, policy makers, and the public have realized that the short period of detention before trial creates ripple effects on a defendant’s judicial fate...
Dec 1, 2019 | Article, Criminal Procedure, Mae C. Quinn
By Mae C. Quinn Abstract Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole...
Dec 1, 2014 | Article, Criminal Procedure, Evidence, Fourth Amendment, Jenia I Turner
By Jenia I. Turner Abstract Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence...
Sep 1, 2010 | Article, Criminal Procedure, Lissa Griffin
By Lissa Griffin Abstract Double Jeopardy Clause of the Fifth Amendment commands that “[n]o person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb.” It is the oldest edict in the Bill of Rights. Double jeopardy...
Mar 1, 2010 | Case Note, Criminal Procedure, Jessica Greenwood
By Jessica Greenwood Abstract In Yeager v. United States, the U.S. Supreme Court expounded upon the collateral estoppel component of the Double Jeopardy Clause recognized as inherent to the Fifth Amendment in Ashe v. Swenson. In particular, the Court resolved a...
