Criminal Law

Coordinating Community Reintegration Services for “Deportable Alien” Defendants: A Moral and Financial Imperative

Written by: Amy F. Kimpel

Abstract Recidivism rates for individuals who are convicted of illegal entry and re-entry (U.S.C. §§ 1325 and 1326) are quite high despite post-sentencing deportations. The “holistic defense” model developed in New York City at the Neighborhood Defender Services and Bronx Defenders has been instrumental in achieving better outcomes for criminal defendants and their communities, in […]

Taming Self-Defense: Using Deadly Force to Prevent Escapes

Written by: Robert Leider

Abstract The modern fleeing felon rule permits police officers to use deadly force when necessary to prevent the escape of a person who has committed a violent felony. To justify this rule, the Supreme Court has relied on self-defense and defense of others. This Article argues against the self-defense justification. Fleeing felons—even those suspected of […]

Redefining “Particularly Serious Crimes” in Refugee Law

Written by: Mary Holper

Abstract Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving […]

A Man’s Home Is His Castle, But It Has a Secret Dungeon: Domestic Violence Victims Need An Amendment to Florida’s All-Party Consent Law

Written by: David K. Warren

Abstract Domestic violence is an epidemic that is occurring at alarming rates throughout the state of Florida and across the nation. Much of that abuse occurs behind closed doors inside the home where there are no witnesses. Because Florida law does not allow a person to record communications without the consent of everyone else involved, […]

Reconstructing the Right Against Excessive Force

Written by: Avidan Y. Cover

Abstract Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, […]

Cause-in-Fact After Burrage v. United States

Written by: Eric A. Johnson

Abstract What significance, if any, should state courts assign to the U.S. Supreme Court’s unanimous 2014 decision in Burrage v United States? In Burrage, the Supreme Court relied on “ordinary meaning” and “traditional understanding” in concluding that causation elements in federal criminal statutes nearly always require so-called “but-for” causation. State courts, by contrast, traditionally have […]