University of Southern California

Volume 90, Number 2 (January, 2017)

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    Mass Monitoring
    Article by Avlana K. Eisenberg

    Business is booming for criminal justice monitoring technology: these days “ankle bracelet” refers as often to an electronic monitor as to jewelry. Indeed, the explosive growth of electronic monitoring (“EM”) for criminal justice purposes—a phenomenon which this Article terms “mass monitoring”—is among the most overlooked features of the otherwise well-known phenomenon of mass incarceration. This Article addresses the fundamental question of whether EM is punishment. It finds that the origins...

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    Removal in the Shadows of Immigration Court
    Article by Jennifer Lee Koh

    The crisis in immigration court adjudication is well-documented. This Article contends that critiques of immigration adjudication are incomplete and understated because they have failed to account for the following reality: the vast majority of persons ordered removed never step foot inside a courtroom. In addition, even when cases are filed with the immigration courts, a substantial number result in removal orders without adjudication of the merits of the case. Removal in what this Article call...

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    Prosecutorial Constitutionalism
    Article by Eric S. Fish

    As adversary lawyers, prosecutors seek to convict defendants. But as government officials who take an oath of office, prosecutors must interpret and apply the Constitution in good faith. These two roles are at odds. The first pushes prosecutors to argue for narrow readings of defendants’ constitutional rights, while the second pushes prosecutors to enforce the Constitution evenhandedly. The crucial question is: when should prosecutors be adversary advocates, and when should they be quasi-judicia...

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    Get a Warrant: A Bright-Line Rule for Digital Searches Under the Private-Search Doctrine
    Note by Dylan Bonfigli

    A girlfriend hacks her boyfriend’s computer and discovers evidence of tax evasion. She contacts a local law enforcement officer who arrives at her house and looks at the files she found. Without a warrant, the officer opens other files in the same folder the girlfriend had searched. The officer notices another folder labeled “xxx.” He opens the folder and discovers child pornography. The officer seizes the computer based on what he found. The boyfriend is indicted for possession of child pornogr...

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    Juvenile Justice: Searching for a Flexible Alternative to the Strict and Over-Inclusive Transfer System for Serious Juvenile Offenders
    Note by Thucvy H. Nguyen

    Morgan Geyser and Anissa Weier are two adolescent girls currently in Wisconsin’s criminal justice system. While Weier remains in a juvenile detention facility, Geyser spent several months in 2016 in a mental health facility receiving treatment for early-onset schizophrenia. Unlike other children their age, Geyser and Weier have both been charged with attempted first-degree intentional homicide for stabbing their friend, a girl named Payton Leutner, nineteen times with a kitchen knife and leaving...

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