Category: Criminal Law
-
Originalism and Jury Nullification in America: A Legal Basis for the Restoration of a Lost Right
By Lawson Wright — A peal of alarm bells shattered the brisk yet tranquil Saturday morning in Boston on February 15, 1851. A mob had stormed the local courthouse in an effort to rescue fugitive slave Shadrach Minkins from being returned to slavery under the newly strengthened Fugitive Slave Act of 1850. Intended to mend…
-
Smoke Without a Fire: Gainer’s Overextension of Pennsylvania Gun Law
By Anna Ferris — Commonwealth v. Gainer (2010) came before the Superior Court of Pennsylvania to determine how gun operability ought to factor into judgments for defendants accused of unlawfully possessing a firearm. Tarvus Gainer was found guilty of owning a firearm without a license — despite testimony from a weapons expert that he would…
-
Justice Until Death: The Necessity of Swift and Good-Faithed Capital Punishment
By Justin Murdock — There are two factions when it comes to the debate over capital punishment: one believes it is legitimate retribution for heinous criminal acts, while the other believes it is the epitome of archaic punishments which violate the principles of the Eighth Amendment. Capital punishment in the United States is limited to…
-
The Economic Impact of Prison Labor for Incarcerated Individuals and Taxpayers
By Sarah Payne — The United States’ prison population is currently the second highest globally, falling closely behind China at just over 1.5 million individuals incarcerated.[1] This means the United States accounts for approximately 25% of the world’s prison population, despite accounting for just 5% of the world’s population overall.[2] Furthermore, the average cost of…
-
The U.S. Criminal Justice System Needs to Start Treating Children Like Children
By Bianca Ortiz-Miskimen — On any given day, tens of thousands of incarcerated children are forced to eat, sleep, and learn in juvenile detention centers and adult prisons across the United States. News stories of children being charged for harmless behaviors have become increasingly publicized, with examples ranging from not completing homework and participating in…