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Criminal Law Case Comment

Categorical Mistakes: The Flawed Framework of the Armed Career Criminal Act and Mandatory Minimum Sentencing

Vol. 133 No. 1 November 2019 Congress fundamentally changed the punishment of federal crimes in the 1980s and almost entirely for the worse. The Comprehensive Crime Control Act of 1984...

Rachel E. Barkow

Effective Assistance of Counsel Articles

The Effects of Holistic Defense on Criminal Justice Outcomes

Vol. 132 No. 3 January 2019 Debates over mass incarceration emphasize policing, bail, and sentencing reform, but give little attention to indigent defense. This omission seems surprising, given that interactions...

Capital Punishment Leading Case

McCoy v. Louisiana

Vol. 132 No. 1 November 2018 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...

Criminal Procedure Notes

Sixth Amendment Challenge to Courthouse Dress Codes

Vol. 131 No. 3 January 2018 Courthouses with dress codes require the public to conform to particular standards of attire in order to enter. They may be specific — for...

Evidence Leading Case

Peña-Rodriguez v. Colorado

Vol. 131 No. 1 November 2017 The jury is a semi-sacred institution in the American legal system. The Sixth Amendment guarantees criminal defendants the right to “trial, by an impartial...

Sixth Amendment Recent Case

State v. Thomas

New Mexico Supreme Court Holds Two-Way Video Testimony Violates Confrontation Clause.

Vol. 130 No. 2 December 2016

Sixth Amendment Leading Case

Luis v. United States

Vol. 130 No. 1 November 2016

Criminal Procedure Notes

“A Prison Is a Prison Is a Prison”

Mandatory Immigration Detention and the Sixth Amendment Right to Counsel

Vol. 129 No. 2 December 2015

Capital Punishment Recent Case

United States v. Umaña

Fourth Circuit Finds No Right to Confrontation During Sentence Selection Phase of Capital Trial.

Vol. 128 No. 3 January 2015

Sixth Amendment Leading Case

Kaley v. United States

Vol. 128 No. 1 November 2014 Criminal forfeiture statutes allow the government to seize assets derived from criminal activity to compensate victims and fund law enforcement. To prevent criminals from...