In this Article, Mofe Koya examines how systemic medical neglect of pregnant women in state jails raises serious Eighth Amendment concerns. She further explains how inadequate medical care and the absence of federal standards that require a minimum level of prenatal care during incarceration have transformed pregnancy in custody into cruel and unusual and therefore unconstitutional punishment.
A Missed Opportunity: Culley v. Marshall and the Struggle for Civil Forfeiture Reform
In this article, Hannah Riggle examines the Supreme Courtโs recent decision in Culley v. Marshall and contemplates what the decision signals for civil forfeiture reform moving forward.
911 Call Analysis: Unproven, Unreliable, Inadmissible
In this article, Collin Derrig critiques the use of controversial forensic science, 911 call analysis, in the investigation and prosecution of homicides. He also addresses how defense attorneys, judges, police, and prosecutors can take concrete steps to limit the use of 911 call analysis.
The Good Faith Exception in the Age of Cell Phones: Ohioโs Approach and What it Signals
In this article, Hannah Riggle explores the Ohio Supreme Courtโs recent decision in State v. Schubert, focusing on the analysis that the court conducted to determine that the good faith exception to the exclusionary rule had been incorrectly applied by the trial court.
Juvenile Plea Agreements
In this article, Kiera Burns describes issues with juvenile plea agreements and the potential solutions that offer a rehabilitative and restorative justice focus.
Boom Goes the Dynamite: How Dynamite Charges Blow Up Jury Deliberations and Inappropriately Pressure Jurors
In this article, Madisen Zent discusses the coercive nature of dynamite charges and the negative impact they have on jury deliberations. She then proposes a solution to combat the added pressure jury instructions often impose on jurors.
Accountability for On-Set Deaths: New Mexico’s Case Against Alec Baldwin
In this article, Camille Chandler discusses the involuntary manslaughter charges pending against Alec Baldwin for the death of Rust cinematographer Halyna Hutchins and the implications it could have on the film industry.
The Criminalization of Pregnancy Outcomes: Fetal Personhood and Substance Use During Pregnancy
In this article, Anna Marchiony discusses the Supreme Courtโs recent decision in Dobbs v. Jackson Womenโs Health and how prosecutors use statesโ fetal personhood laws to prosecute persons who use substances while pregnant. This article criticizes the use of fetal personhood laws to criminalize substance use while pregnant by pointing out that these laws negatively affect both maternal and fetal health, as well as childrenโs long-term wellbeing. Marchiony advocates for increased access to substance use treatment centers that are equipped to care for pregnant persons.
A Parentโs Legal Duty: The Crumbleysโ Culpability for Failing to Stop a School Shooting
Anna Marchiony explores the legitimacy of the pending criminal cases against James and Jennifer Crumbley, who are charged with involuntary manslaughter for their sonโs perpetration of a school shooting. This article analyzes the legal precedent for making bad parenting a crime and discusses whether newly enacted gun control laws are substantive enough to hold parents accountable when their children commit crimes with a firearm.
Somewhere, Beyond the Seize: Implications of Post-Force Facts and Subjective Intent Inclusion on Fourth Amendment Seizure Analysis
Nicole Newton explores how the inclusion of post-force facts in Fourth Amendment seizure analysis shifts the focus beyond the moment that force is applied, leading to a circuit split as to whether force used for purposes other than to apprehend is a seizure.
