American Criminal Law Review

American Criminal Law Review is a magazine covering criminal law in the U.S. It is published quarterly by Georgetown University Law Center.Subjects for American Criminal Law Review include: Police, Penology, and Penal Institutions; Law.

Articles from Vol. 49, No. 1, Winter

At Least Give Them Miranda: An Exception to Prompt Presentment as an Alternative to Denying Fundamental Fifth Amendment Rights in Domestic Terrorism Cases
It was Christmas Eve in 2009. (1) The passengers were anticipating the completion of an eight-hour trip from Amsterdam, and had just been told to put their seat-backs and tray tables in the uptight position. The flight attendants had prepared the cabin...
Criminal Law Theory and Criminal Justice Practice
ABSTRACT Criminal law theory is characterized by a longstanding debate between two broad positions: retributivism, which posits criminal law is justified by the moral demand to punish culpable offenders in accord with moral desert, and mixed instrumental-moral...
Digital Searches and the Fourth Amendment: The Interplay between the Plain View Doctrine and Search-Protocol Warrant Restrictions
I. INTRODUCTION Digital information, and our capacity to utilize it, attain an ever-increasing prominence, (l) Forty years ago, as the Supreme Court crystallized the modern requirements for the plain view doctrine in Coolidge v. New Hampshire, (2)...
Elder (In)justice: A Critique of the Criminalization of Elder Abuse
ABSTRACT The past two decades have seen a rapid proliferation of laws and policies that facilitate a criminal justice response to elder abuse. Drawing on feminist critiques of the criminal justice response to domestic violence, this Article argues...
For Every Action There Is a Reaction: The Procedural Pushback against Panetti V. Quarterman
I do not understand! I understand nothing! I cannot understand nor do I want to understand! (1) In order to understand the world, one has to turn away from it on occasion. (2) On one level, this Note is a straightforward legal inquiry. In...
Is Texas Tough on Crime but Soft on Criminal Procedure?
Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability...
Material-Support-to-Terrorism Prosecutions: Fighting Terrorism by Eroding Judicial Review
INTRODUCTION In April 1996, Congress passed and President Clinton signed into law the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). (1) Section 303 of the Act, which became 18 U.S.C. [section] 2339B, made it a federal crime to...
The Exclusionary Rule as Fourth Amendment Judicial Review
Few legal doctrines are cheered, jeered or even thought about as much as the Fourth Amendment exclusionary rule. This is largely because the rule's proponents--who want a robust rule--and opponents--who want to do away with it altogether--are miles...
The U.S. Criminal-Immigration Convergence and Its Possible Undoing
ABSTRACT The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators,...