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March
2023
Criminal Law
This Comment contends that the preponderance standard for flight risk is unconstitutional and interpretively incorrect. In cases involving similar government restrictions on physical liberty, the Supreme Court has generally required at least a “clear and convincing evidence” standard to comport with due process.
Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach.
This Comment argues that this broad domestic application of the wire fraud statute shields courts from asking whether the statute applies extraterritorially. Further, this Comment argues that courts’ domestic application of the wire fraud statute is sufficiently broad as to begin to resemble extraterritoriality because courts can almost always find sufficient domestic activity to apply the wire fraud statute.
Our modest goal in this Introduction is to assemble some baseline empirics concerning both private violence and state coercion to provide a context for the pieces that follow. In so doing, we aim to mitigate the need for “scene setting” by each paper in the Symposium. Readers of the Symposium will find here a synoptic guide to some basic facts about the distribution and extent of criminal violence, as well as socioeconomic conditions and police activity, in Chicago.
A longstanding tradition of research linking neighborhood disadvantage to higher rates of violence is based on the characteristics of where people reside. This Essay argues that we need to look beyond residential neighborhoods to consider flows of movement throughout the wider metropolis.
This Essay analyzes trends in violence from a spatial perspective, focusing on how changes in the murder rate are experienced by communities and groups of residents within the city of Chicago. The Essay argues that a spatial perspective is essential to understanding the causes and consequences of violence in the United States and begins by describing the social policies and theoretical mechanisms that explain the connection between concentrated disadvantage and violent crime.
Community policing’s accomplishments were numerous, but it fell victim to issues commonly facing reform: money—especially the impact of economic downturns; leadership turnover and policy preferences; changes in the social, political, and crime environments; and the emergence of new technologies for responding to community concerns.
This Essay investigates Chicago city-government policy responses to the four largest homicide waves in its history: 1920–1925, 1966–1970, 1987–1992, and 2016. Through spatial and historical methods, we discover that Chicago police and the mayor’s office misused data to advance agendas conceived prior to the start of the homicide waves.
We describe and apply three empirical approaches to identify superfluous police activity, unjustified racially disparate impacts, and limits to regulatory interventions.