Criminal Law
United States v. Goliday
Seventh Circuit Applies Buyer-Seller Exception to Guilty Pleas by Drug Dealers.
Criminal Justice
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Criminal Justice
Stacked: Where Criminal Charge Stacking Happens — And Where it Doesn’t
Introduction When prosecutors approached a first-time drug offender who had sold a little over half a kilogram of marijuana, they offered him a deal: plead guilty to fifteen years, or…
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Criminal Justice System
Pessimistic Police Abolition
Introduction: Abolition’s Second Premise The movement for police abolition seeks to eliminate, or massively downsize, American policing. Mariame Kaba’s Yes, We Mean Literally Abolish the PoliceMariame Kaba, Opinion, Yes, We…
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Criminal Law
United States v. Johnlouis
Fifth Circuit Delivers a New Law Enforcement Functions Test for Identifying Government Actors.
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Criminal Law
The Occasions Clause Paradox
Introduction The Armed Career Criminal Act (ACCA) mandates an…
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Textualism
Wooden v. United States
The Armed Career Criminal Act (ACCA) imposes lengthy sentences on those who possess firearms after committing violent felonies on three or more different “occasions.” Last…
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Habeas Corpus
Shinn v. Ramirez
Ten years ago, the Supreme Court held in Martinez v. Ryan that ineffective assistance of postconviction counsel, in an initial-review proceeding, may establish cause for a habeas…
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Second Amendment
Governing Through Gun Crime: How Chicago Funded Police After the 2020 BLM Protests
Gun violence is the number one issue plaguing the city in this moment. — Mayor Lori Lightfoot, July 15, 2021Heather Cherone, “People are Scared,” Lightfoot Says, As Violence Continues to…
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Criminal Justice
Welfarist Prosecution
Introduction Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It’s well established that criminal justice involvement disproportionately affects communities of color and…
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Criminal Procedure
Order Amending Rules 18.4 and 18.5 of the Rules of Criminal Procedure, and Rule 47(e) of the Rules of Civil Procedure, No. R-21-0020 (Ariz. 2021)
Arizona Supreme Court Abolishes Peremptory Strikes in Jury Selection