The Insanity Defense: From Fundamental Legal Principle to Legal Fiction
In Kahler, the Court did not merely uphold Kansas' interpretation of a vital protection; it allowed Kansas to, in effect, eviscerate the protection entirely. [...]
Criminal Justice
Articles focusing on prison reform and the criminal justice system.
Very Unusual Punishment
Some states offer sex offenders castration as an alternative punishment. Is it too cruel and unusual? [...]
How a South African Olympic medalist left stadiums for prison: the trial and appeals of Oscar Pistorius
Oscar Pistorius, South African Olympic runner, will receive his prison sentence next month for murdering his girlfriend back in 2013. [...]
Think before you shoot
A recent report reveals that the mentally ill and African American citizens of Los Angeles are involved in police shootings by the LAPD at a disproportionately higher number. [...]
Who decides on life or death: judge or jury?
The use of judicial override in capital cases is emerging as an issue in Florida and Alabama after the U.S. Supreme Court struck down Florida’s death penalty sentencing scheme. [...]
“Hello officer… I would like to take my consent back, please”
Kansas Supreme Court ruled it is a Fourth Amendment violation to criminally charge a person for refusing to submit to a DUI test when pulled over. [...]
Public defenders – where art thou?
Budget cuts in funding for public defenders in New Orleans have caused many indigent citizens to be denied their Sixth Amendment constitutional right to appointed counsel. [...]
Indiana agrees to end solitary confinement of mentally ill inmates
In late January, Indiana joined other US states in the recent trend of restricting the use of solitary confinement by prohibiting seriously mentally ill inmates from being held in restrictive housing. [...]
Brendan Dassey’s interrogation brings attention to false juvenile confessions
Juveniles are psychologically susceptible to being coerced into false confessions and yet there are few safeguards in place to prevent these confessions. [...]
Will Tasers be the solution to ending force used by police officers? Chicago Mayor Emanuel seems to think so.
Chicago Mayor, Rahm Emanuel, announced a new policy to be implemented consisting of providing more accessible Tasers to police officers and better training of police officers when dealing with confrontational situations with suspects. [...]
Computer Glitch Causes Mistaken Early Release of More Than 3,000 Inmates
The Department of Corrections (DOC) in Washington State has come under fire after a computer glitch in its system led to the early release of more than 3,000 inmates in the state since 2002. The Department has been aware of the glitch since 2012. [...]
Save Your Tears, Crying is Not Protected Communication
The North Carolina Court of Appeals held that a spouse crying was not a “communication” covered under martial privilege for purposes of determining whether a spouse could testify that her spouse cried in reaction to reading a newspaper article. [...]
The use of excessive force is a judgment call, but this is a child!
Should the standard for excessive force be different for when police encounters a child? [...]
Victimizing Yourself
Can minors be charged and convicted for possession and distribution of child pornography for having naked selfies of themselves on their phones? In North Carolina, the answer is yes. [...]
Campbell Law School students excel in North Carolina and across the nation: United States Attorney’s Office
Editor’s Note: The Campbell Law Observer is taking a break from its usual editorial cycle to present first-person accounts from our law students who have enjoyed summer internships across the nation. This is the third of four submissions to be published during the Fall 2015 semester. At the beginning of the summer, I heard someone say that some defendants are sentenced to life in prison while others earn their ticket to life in prison one conviction at a time. I spent my summer [...]
