Category: Criminal Law

Analyzing the Constitutionality and Effectiveness of The Holly Act

Joanna Swaiss analyzes Ohio’s proposed Holly Act and its implications for bail reform and pretrial detention. She argues that the Act’s categorical, offense-based restrictions are both constitutionally problematic and practically ineffective, as they risk sweeping in low-risk defendants while failing to identify individuals who pose genuine threats to public safety. She advocates for a more measured, evidence-driven framework centered on individualized risk assessments, judicial discretion, and reduced reliance on wealth-based detention.

Punished for Pregnancy: When Medical Neglect in Local Jails Becomes Cruel and Unusual Punishment

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.

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 Criminalization of Pregnancy Outcomes: Fetal Personhood and Substance Use During Pregnancy

In this article, Anna Marchiony discusses the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health and how prosecutors use states’ 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 children’s long-term wellbeing. Marchiony advocates for increased access to substance use treatment centers that are equipped to care for pregnant persons.

A Parent’s Legal Duty: The Crumbleys’ 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 son’s 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.

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