Author: Chris Gant, Associate Member, University of Cincinnati Law Review The adage borrowed from baseball, “three strikes and you’re out,” is used in law in different contexts. Many states have enacted “three-strikes” laws to punish repeat offenders: under these laws, a criminal receives a much longer sentence on his third conviction.[1] Another example is found... Continue Reading →
Warrantless Searches for Probationers: The Reasonableness of SCOTUS’s Balancing Test
Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review When convicted felons are released on probation, may officers conduct a warrantless search of their homes without violating any constitutional rights protected under the Fourth Amendment? The Supreme Court, by conducting a balancing test, holds that officers may do so when they have a... Continue Reading →
The Legality of Preventing Future Crime: Johnson v. United States
Author: Chris Gant, Associate Member, University of Cincinnati Law Review “Minority Report” is a futuristic science fiction film in which crime is thwarted before it takes place.[1] In the film, a specialized police department, “Precrime,” apprehends would-be murderers before the murder is committed. Clairvoyant “Precogs” indicate that someone will commit a murder and Precrime apprehends... Continue Reading →
Should There Be a Scienter Requirement for Designer Drugs?
Author: Chris Gant, Associate Member, University of Cincinnati Law Review Advancements in chemistry and technology have lead to unprecedented innovation in the drug market. Some criminal-minded people have circumvented federal drug laws by creating so-called “designer drugs” like bath salts. The law’s treatment of those manufacturing and distributing designer drugs has led to a contentious... Continue Reading →
Can Police Dogs Search Your Car Without an Officer’s Reasonable Suspicion?
Author: Chris Gant, Associate Member, University of Cincinnati Law Review Imagine being pulled over for a small traffic violation. Despite lacking a reason for suspicion, the police officer decides that you look like someone who might have something illegal in the car. Then, you wait for the K9 unit to get to your car (ten... Continue Reading →
Are Magistrate Judges’ “Additional Duties” Stinking Up the Courtroom?
Author: Chris Gant, Associate Member, University of Cincinnati Law Review On July 14, 2014, the Seventh Circuit in United States v. Harden held that the Federal Magistrates Act (FMA) does not permit magistrate judges to accept guilty pleas, even if both the prosecution and defense consent.[1] The decision severely limits a district court’s ability to... Continue Reading →
True Threats and the First Amendment: Objective vs. Subjective Standards of Intent to Be Revisited in Elonis v. United States
Author: Rebecca Dussich, Associate Member, University of Cincinnati Law Review Last month, the Supreme Court heard oral arguments in an appeal of the Third Circuit’s decision in United States v. Elonis.[1] Anthony D. Elonis was convicted under 18 U.S.C. § 875(c), a federal statute that prohibits making “any threat to injure the person of another”... Continue Reading →
Gaming the System: Are Ponzi Schemers Receiving Proper Criminal Sentences?
Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review Ponzi schemes have existed for many years and their internal structure is well understood. Schemers solicit funds from individuals as “investments,” but keep the money themselves and pay “returns” to those investors from additional funds that are received from other new investors.[1] Consequently, the... Continue Reading →