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. 51, No. 3, Summer

Abstract Risk and the Politics of the Criminal Law
ABSTRACT Much of the criminal law contains what theorists call "abstract endangerment" statutes--laws that punish not actual, but hypothetical, creation of risk. For example, consider the criminalization of underage alcohol possession, ostensibly...
Blind Injustice: The Supreme Court, Implicit Racial Bias, and the Racial Disparity in the Criminal Justice System
"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race." (1) This statement by Chief Justice John Roberts in 2007 is alluring in both its grammatical symmetry and its logical simplicity. Yet it encapsulates...
Bringing the Gavel Down on Stops and Frisks: The Equitable Regulation of Police Power
INTRODUCTION There are times when the old bunk about an independent and fearless judiciary means a good deal. --Judge Learned Hand (1) On August 12, 2013, Judge Shira Scheindlin of the United States District Court for the Southern District...
Calling for a Standard: Why Courts Should Apply a New Balancing Test in Cell Phone Searches Incident to Arrest
You have just been stopped for driving with a revoked license. A police officer asks that you step out of your car and hand over your cell phone. When you comply, the officer scrolls through your personal information. First she looks at your recently...
Irrevocable Implied Consent: The "Roach Motel" in Consent Search Jurisprudence!
INTRODUCTION One May morning, a security officer stopped Greg Morgan at the gates of Edwards Air Force Base. (1) Morgan, who worked as a civilian air traffic controller on the base, showed the officer his identification badge as required, but instead...
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry and the Potential for Abuse
ABSTRACT Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior-modification facility at a distant location. What sounds like a clear-cut case of kidnapping...
The Hitchhikers Guide to the Fourth Amendment: The Plight of Unreasonably Seized Passengers under the Heightened Factual Nexus Approach to Exclusion
INTRODUCTION I. PASSENGERS AT THE CROSSROADS OF THE FOURTH AMENDMENT AND THE EXCLUSIONARY RULE: A SURVEY OF THE RELEVANT CASE LAW A. Origins of the Heightened Factual Nexus Approach B. Circuits Adopting the Heightened Factual...
The Hitchhikers Guide to the Fourth Amendment: The Plight of Unreasonably Seized Passengers under the Heightened Factual Nexus Approach to Exclusion
B. The Heightened Factual Nexus Approach: An Impossible Bind for the Reasonable, but Unreasonably Seized, Passenger 1. Defining the Fourth Amendment Seizure: From Pedestrian to Passenger The Supreme Court, in the landmark decision of Terry v....