Criminal Law

Cartoon of an autopsy

Autopsy Reports and the Confrontation Clause: A Presumption of Admissibility

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Winter 2015 | Volume 99 Number 3

In 2004, the Supreme Court, in Crawford v. Washington,1 restored the “original meaning” of the Sixth Amendment’s Confrontation Clause. The framers of that clause — which guarantees a criminal defendant the […]

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Justice Robert Jackson at the Nuremberg Trials

Justice Jackson’s Persistent Post-Nuremberg Legacy

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Fall/Winter 2021-22 | Volume 105 Number 3

Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.

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Benjamin Ferencz at the Einsatzgruppen Trial

Last living Nuremberg Trial prosecutor recalls his work on the Einsatzgruppen Trial

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Fall/Winter 2021-22 | Volume 105 Number 3

During the Nuremberg Trials, Ferencz served as a principal trial lawyer for the U.S., working under chief prosecutors Justice Robert Jackson and Telford Taylor.

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Point Counterpoint

Jurors Asking Questions

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Spring 2016 | Volume 100 Number 1

In some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]

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Legal Standards By The Numbers

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Spring 2016 | Volume 100 Number 1

Just after midnight on a warm summer night, a Caucasian woman was walking alone on the streets of Washington, D.C. All of a sudden, three young men she had never […]

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Bail Reform in Texas

Monitoring the Misdemeanor Bail Reform Consent Decree in Harris County, Texas

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Summer 2021 | Volume 105 Number 2

Maranda ODonnell was driving to her mother’s house to pick up her four-year-old daughter when she was stopped by police and arrested for driving with a suspended license. As was […]

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Privacy Protection

The Burden of Privacy In Discovery

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Summer 2021 | Volume 105 Number 2

With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]

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Who appointed me God? Reflections of a Judge on Criminal Sentencing

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Autumn 2016 | Volume 100 Number 3

In my 14 years as a federal district judge, I estimate that I have sentenced well over 2,000 individuals.1 Sentencing is the most multifaceted, emotional, and challenging task a judge […]

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The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech

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Summer 2020 | Volume 104 Number 2

With the Fourth Amendment gone, eyes are on the First // That’s why I’m spittin cyanide each and every verse These lyrics from American rap artist Paris’ 2003 album, Sonic […]

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Judging Eyewitness Evidence

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Spring 2020 | Volume 104 Number 1

Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an […]

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