criminal justice — Online Journal — Columbia Undergraduate Law Review

Consequences of Plea Bargaining: In Consideration of the Rights of the Accused

As Americans currently look to reform the nation’s criminal justice system, with its high incarceration rates and immense racial disparities, plea bargaining is an important consideration. In a plea bargain, also known as a plea deal, the defendant agrees to plead guilty or “no contest,” in exchange for the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence that is acceptable to the defense. In turn, this allows the defendant to receive a reduced sentence. [1] A plea bargain is a facet of the American criminal justice system that initially became commonplace in the 1920s in order to expedite the trial court process. The prevalence of plea bargaining is constantly being reexamined as the United States reconciles constitutional principles and legal precedent with historic prejudices in its criminal justice system.

You can be convicted of murder even if you haven’t killed anyone?

With Senate Bill 1437, California narrowed its felony murder rule: a legal doctrine, originating from English common law, which holds defendants criminally liable for a murder—even if they did not kill nor intend to kill—if they participated in the underlying felony. Compared to other nations that practice common law, the United States is the only modern country that uses the felony murder rule. Yet this rule seemingly violates the 8th amendment of the US Constitution, especially when used to sentence the death penalty.

fall 2019Crystal ForetiaJanuary 20, 2020felony murder, criminal justice, death penalty, juvenile incarcerationComment

Retroactive Verdicts: The Future of Criminal Justice Reform?

On October 16, 2019, the Supreme Court of the United States heard Mathena v. Malvo, a complex case with the potential to completely reform the criminal justice system. While a multitude of recent cases have addressed life without parole, Malvo’s case is unique because it implicates the use of retroactive verdicts in criminal justice cases. If the Court rules in Malvo’s favor, it would open the door to thousands of criminal justice cases being revisited due to their now-unconstitutional sentencing practices.

The Implications of Sex Work Prohibition and Possible Legal Remedies

In the vast majority of the United States, sex work is prohibited and punishable by laws that marginalize sex workers. Decriminalization is recognized as the most effective method of protecting sex workers because it allows them to report misconduct to the police, access necessary social services, and create institutions to make their work less dangerous.

Edie Conekin-ToozeNovember 7, 2019sex work, criminal justice, decriminalization, New YorkComment

Locked Away for Life: Juvenile Life Without Parole in the American Criminal Justice System

While the Miller and Montgomery rulings have put the state of juvenile life without parole sentences under heavy scrutiny, their effects have not been uniform across the country. Although states such as Iowa and Kansas have deemed life without parole sentences as unconstitutional and have even limited mandatory minimum sentences for juveniles, twenty-nine states have maintained their rights to these inhumane sentences. I

Tanya ReynaJanuary 9, 2019criminal justice, supreme court, eighth amendment, juvenile, criminalComment

Child-Criminals: The Unclear Relationship between Children and the Justice System

It is estimated that in 2017, nearly 809,700 children under the age of 18 were arrested in the United States for crimes including burglary, arson, drug abuse, and homicide. [1] This statistic displays an intensifying debate in America: the treatment of children in the criminal justice system. While these youths were clearly convicted for violating the law, what remains unclear in the law is how these children should be distinguished from their adult criminal counterparts.

In Favor of Restorative Justice: A Look at Victim Impact Evidence

“I am here to face you Larry, so you can see I’ve regained my strength, that I’m no longer a victim, I am a survivor,” said Olympian Aly Raisman in the courtroom as she confronted her abuser, Larry Nassar, who sexually abused her throughout her gymnastics career.

Jake GrayDecember 4, 2018criminal justice, larry nassar, Supreme CourtComment