COVID-19 and Its Effect on Prisons

Photo by Emiliano Bar on Unsplash Katie Basalla, Associate Member, University of Cincinnati Law Review I. Introduction   One of the main critiques of the United States’ criminal justice system over the past few decades has been mass incarceration.[1] With a rate of 698 incarcerated per 100,000 residents, the U.S. prison system has more inmates per capita than... Continue Reading →

Warrantless “Across the Threshold” Arrest: Arrest of Defendant in Defendant’s Doorway

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review Early Fourth Amendment jurisprudence originally focused on whether a common-law trespass had occurred.[1] Now, the Supreme Court no longer requires an individual to prove that a property trespass occurred before asserting that their Fourth Amendment rights were violated.[2] However, the ancient connection between a person... Continue Reading →

Ohio Clarifies: Law Enforcement Cannot Conduct Unjustified Search of Vehicle Subsequent to a Recent Occupant’s Arrest   

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review Under the Fourth Amendment, absent an impartial and neutral judge or magistrate, warrantless searches are unconstitutional, subject to only a few exceptions.[1] Leak examined two such exceptions—a search incident to a lawful arrest and inventory searches done pursuant to law enforcement’s community-caretaking function.[2] The Ohio... Continue Reading →

Per Se Ban On Eyewitness Expert Testimony in Louisiana: Why the Court Should Grant Certiorari

Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review On November 2, 2015, the United States Supreme Court denied certiorari to Darrill Henry in a Louisiana case concerning eyewitness expert testimony.[1] Louisiana has a per se ban on eyewitness expert testimony.[2] Eyewitness testimony is a key component of our criminal justice system; however, a per... Continue Reading →

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