The Occasions Clause Paradox
Vol. 136 No. 2
Introduction The Armed Career Criminal Act (ACCA) mandates an enhanced sentence when a felon in possession of a firearm was previously convicted of at...
Sixth Amendment
Racism, Abolition, and Historical Resemblance
Forum response to Professor Bridges' Foreword
Response to Race in the Roberts Court
Vol. 136 No. 1
Race in the Roberts Court
Vol. 136 No. 1
When it comes to people of color, the Roberts Court treats “racism” as if it is an objective fact — out there in the world, apparent to anyone who stumbles upon it. The Roberts Court invites observers to believe that it is just using simple common sense when it identifies, or refuses to identify, something as racism.
Shinn v. Ramirez
Vol. 136 No. 1
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...
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
Vol. 135 No. 8
United States v. Rosemond
Second Circuit Holds that Counsel Admitting to Element of Crime over Defendant’s Protests Does Not Violate Defendant’s Autonomy.
Vol. 134 No. 5
Ramos v. Louisiana
Vol. 134 No. 1
Stare decisis is not “an inexorable command.” But the question of when and whether to overrule precedent frequently vexes the Justices. Last Term, in...
Categorical Mistakes: The Flawed Framework of the Armed Career Criminal Act and Mandatory Minimum Sentencing
Vol. 133 No. 1
Congress fundamentally changed the punishment of federal crimes in the 1980s and almost entirely for the worse. The Comprehensive Crime Control Act of 1984...
The Effects of Holistic Defense on Criminal Justice Outcomes
Vol. 132 No. 3
Debates over mass incarceration emphasize policing, bail, and sentencing reform, but give little attention to indigent defense. This omission seems surprising, given that interactions...
McCoy v. Louisiana
Vol. 132 No. 1
Where a criminal defendant’s authority over his trial ends and defense counsel’s begins is a murky area of constitutional law. One question in particular...