Tempering Justice with Compassion
Stephen P. Garvey
Illuminating Black Data Policing
Andrew Guthrie Ferguson
Automated Policing
Elizabeth E. Joh
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MOST RECENT PRINT ISSUE

Issue 15.2

May 2018


Review

DNA Exonerations and the Elusive Promise of Criminal Justice Reform

by Carissa Bryne Hessick

DNA exonerations have dramatically changed the conversation about the accuracy of the criminal justice system. Fifty years ago, the widely shared view was that the system ensured no innocent defendants would be convicted. As Judge Learned Hand famously complained, criminal procedure "has been always haunted by the ghost of an innocent man convicted. It is an unreal dream." But hundreds of DNA exonerations upended that conventional...

Symposium

The Future of Terry in the Car Context

by Tonja Jacobi

An enormous amount of attention has been paid in recent years to the police practice of stopping and frisking citizens on the streets as permitted by Terry v. Ohio, and whether expansive use of Terry constitutes a form of harassment of minorities. But there is another significant application of Terry that has the potential to broaden its impact in the future: the car context. In 2014, in Navarettev. California, the Supreme Court addressed whether an anonymous tip...

Commentary

Blacks, Cops, and the State of Nature

by Raff Donelson

"Nasty, brutish, and short"—these are the most famous words from Thomas Hobbes's masterwork in political philosophy, Leviathan. These words also aptly describe some of the deadly encounters between American police officers and Black arrestees. I have in mind Eric Garner who was choked to death on the streets of New York City and Walter Scott who was gunned down in North Charleston. Corey Jones, Sandra Bland, Freddie Gray, Alton Sterling...

Term Paper

Buck v. Davis from the Left

by Sheri Lynn Johnson

In Texas, imposition of the death penalty requires a jury determination that the defendant is likely to be dangerous in the future. A six/two majority of the Supreme Court held, in Buck v. Davis, that defense counsel was ineffective in presenting an expert witness who concluded that Duane Buck was unlikely to be a danger in the future but also reported that Buck was more likely to be dangerous because he is black. Prior to the Supreme...

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