A Framework for Progressive Prosecution

The prosecutor is the lynchpin; ostensibly the first line of defense against petty, unjustified prosecutions that break apart families, send men and women to prison, and spit them out with the tarnish of a criminal record at the end of the process. Using the powerful tool of prosecutorial discretion, these individuals have the power to affect change and, short of changes to the penal code itself, are best able to mete out justice before a case ever makes it to the courtroom.

Why Harvey Weinstein’s Conviction Should Not Be Forgotten in 2021

Harvey Weinstein’s conviction deserves recognition as a story of change and hope for survivors of sexual and gender-based violence everywhere

Breaking Down the ‘Crimmigration’ Mentality

Breaking Down the ‘Crimmigration’ Mentality

“The lack of consistent and humane federal immigration policy over the last several decades has left the nation in the midst of a legal crisis. The Trump Administration maintained a forceful stance on immigration, adding various obstacles for undocumented immigrants to remain in the United States. . . . As security threats take the spotlight, legal scholars have documented their concerns about racial bias and discriminatory policies as the rate of immigrant offenders who are processed in the criminal justice system continues to grow.”

The Case to Update the Computer Fraud and Abuse Act

The Case to Update the Computer Fraud and Abuse Act

Practitioners call for reform because of the inconsistent application of the CFAA between the circuits, as the Fourth and Ninth favor a narrow interpretation with a focus on original access restriction or rescinding, and the First, Fifth, Seventh and Eleventh Circuits favor broad interpretation with a focus on breaches of loyalty or non-disclosure or use terms. The purpose of a statute is to put the public on notice as to what behavior would violate the statute, and that is currently unclear in the CFAA.

The Wider Impact of Drug Legalization on the Criminal Justice System

The Wider Impact of Drug Legalization on the Criminal Justice System

Under a system of legalization, American courts would no longer be inundated with an entire class of offense. The benefits of legalization on the courts are multifaceted: for the drug possessor, who is no longer a victim of the fruitless War on Drugs; for the judge, who enjoys greater flexibility with a decluttered docket; and most importantly, for the public defender, who can take advantage of the much-needed decrease in workload to provide better counsel to clients.

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