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. 50, No. 1, Winter

A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence
III. THE CONSEQUENCES OF THE SPECTACULAR NON SEQUITUR With a brief history of the Court's Fourth Amendment exclusionary rule jurisprudence and a positive hybrid theory of the exclusionary rule before us, we can turn now to a more detailed account...
Ethical Guidance for Standby Counsel in Criminal Cases: A Far Cry from Counsel?
"All I suggested to the Court, and [the defendant] is in agreement, that I would act as standby counsel. That's a far cry from co-counsel." TABLE OF CONTENTS I. INTRODUCTION II. STANDBY COUNSEL AND THE CONSTITUTIONAL RIGHT TO SELF-REPRESENTATION III....
Interpersonal Power in the Criminal System
INTRODUCTION Instances of interpersonal power in the criminal system are black holes in our collective discussion of the criminal law. Their effects are not visible to most outsider observers, yet they have a significant gravitational pull within...
Nursing the Truth: Developing a Framework for Admission of Sane Testimony under the Medical Treatment Hearsay Exception and the Confrontation Clause
I. INTRODUCTION On February 25, 2006, a 79-year-old woman was admitted to Grant Hospital in Columbus, Ohio to undergo a forensic rape examination. (1) Earlier in the day, the woman told her daughter her caretaker had repeatedly raped her. (2) The...
Shields, Swords, and Fulfilling the Exclusionary Rule's Deterrent Function
INTRODUCTION I. THE FLIGHT OF THE EXCLUSIONARY RULE II. ACCURATE FACTFINDING AND SUPPRESSED EVIDENCE A. Opening the Door to Suppressed Evidence B. Contradicted Inferences or Proof C. The Inference That Suppressed Evidence Does Not Exist ...
Street Diversion and Decarceration
ABSTRACT States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors...
The Genealogy Detectives: A Constitutional Analysis of "Familial Searching."
ABSTRACT "Familial searching" in law enforcement DNA databases has been pilloried as a step "towards eugenics and corruption of blood" and "lifelong genetic surveillance" that is "inconsistent with a basic pillar of American political thought."...