All Articles tagged Criminal Procedure

• Florida Law Review Forum
  March 03, 2025 EDT
  Three Strikes Against Using the Prisons Litigation Reform Act to Reduce Litigation of Indigent Prisoners
  Jennavieve Brown

  Note Arguing That the Three Strikes Rule Should Not Be Applied Outside of the Prisoner Litigation Context Based upon Historical Practice and Canons of Statutory Interpretation.

  Abstract
• Notes
  November 01, 2022 EDT
  Reassigning Batson: A Modern Approach
  Max Angel

  In Batson v. Kentucky, the Supreme Court of the United States held that using peremptory challenges to strike jurors solely on their race violates the Equal Protection Clause. Following that...

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• Articles
  November 01, 2022 EDT
  Models of Bail Reform
  Brandon L. Garrett

  Bail reform is an urgent topic in the United States and internationally, but what constitutes reform and how to accomplish reform goals is contested. Jails are a modern epicenter of...

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• Articles
  September 01, 2022 EDT
  The Evolving Standards, As Applied
  William W. Berry III

  In Jones v. Mississippi, the Supreme Court of the United States adopted a narrow reading of its Eighth Amendment categorical bar on mandatory juvenile life-without-parole (JLWOP) sentences. Specifically, the Court...

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• Notes
  July 01, 2022 EDT
  Black Lives Matter in the Jury Box: Abolishing the Peremptory Strike
  Payton Pope

  Since its creation, the Batson Challenge has been widely criticized as a failure. It does not prevent discrimination in the jury selection process, has no bite, and does not serve...

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• Notes
  July 01, 2021 EDT
  Held at Gunpoint: Applying the Physical Restraint Sentencing Enhancement
  Joshua McCroskey

  Federal circuit courts of appeal often disagree about how to interpret the United States Sentencing Guidelines. One contentious guideline is the physical restraint sentencing enhancement. This enhancement increases the sentence...

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• Florida Law Review Forum
  January 01, 2014 EDT
  Who Watches the Watchers? Judges, Guilty Pleas, and Outsider Review
  Laura I Appleman

  The principles that justify our imposition of punishment in public jury trials rapidly disintegrate in the informal, private realm of plea agreements. But what is the best way to regulate...

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• Florida Law Review Forum
  January 01, 2012 EDT
  Imagining the Open Road
  Brooks Holland

  I first read a draft of Nancy Leong’s Article, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream (“Open Road”), while my law school was...

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