A Glimpse Inside the Brain’s Black Box: Understanding the Role of Neuroscience in Criminal Sentencing

This Article begins by discussing what neuroscience and the smaller associated field of study, neuropsychology, are and what they can tell us about an individual. It then recounts a brief history of sentencing in the United States. Additionally, it expounds on how the legal system currently utilizes neuroscience in the courts, noting specifically the ways in which neuroscience can be presented during the sentencing phase of trial. Finally, it discusses the use of neuroscience as a mitigating factor during sentencing and how judges can use neuroscience to combat their implicit biases

Fifty Years Later and Miranda Still Leaves Us with Questions

This affords the suspect safeguards to make an informed choice between speech and silence and prevents involuntary statements. Although Miranda warnings are seemingly standard, the Miranda decision did not come without criticism.\u27 Now, on the fiftieth anniversary of the Supreme Court\u27s decision, the topic still garners intense debate.\u27 Even after all of these years, there are still critics who do not support Miranda warnings, and now they rely on long-term studies about the effectiveness of Miranda warnings to support their positions. Yet, even with these new studies, there still remains some ambiguity about the effectiveness of Miranda rights concerning whether they overprotect the Fifth Amendment and whether Miranda warnings have caused significant difficulties for arresting officers. This Article will discuss some of those issues. Part I of this Article briefly explores the debate that surrounds prophylactic rules\u27 legitimacy. The most infamous of prophylactic rules are the Miranda warnings. However, the prophylactic nature of these rules is not without criticism. In fact, scholars who support Miranda warnings believe they are not actually prophylactic rules, and argue that if Miranda rules are prophylactic, then most judicially crafted rules that aim to protect constitutional rights would be considered prophylactic. Part II delves into the effect of Miranda warnings on police officers. Many of the major criticisms that arose immediately after the Miranda decision were that Miranda warnings would make it harder for police officers to question suspects and close cases. However, after fifty years, we now have data that helps explain the long-term effect of the Miranda decisions on police officers. Lastly, Part III explores how the Sixth Amendment right to counsel is different from the Fifth Amendment right to counsel. This section also explores whether there should be a difference. Although the Sixth Amendment and the Fifth Amendment aim to protect different rights, both boil down to a right to counsel. It is in this difference that questions arise about when a suspect has a right to counsel

“To This Tribunal the Freedman Has Turned”: The Freedmen’sBureau’s Judicial Powers and the Origins of the FourteenthAmendment

The article explores the U.S. Freedmen\u27s Bureau as a significant part of the context of the Fourteenth Amendment\u27s enactment by looking at the Bureau\u27s judicial powers, and their grant, exercise, and political effects

Toward a More Perfect Union: Overcoming Division, Discrimination, and Distance Through the Rule of Law

This Essay is based on remarks delivered on February 15, 2023, at the Distinguished Jurist in Residence Lecture held at Fordham University School of Law and hosted by the Center for Judicial Events and Clerkships.https://ir.lawnet.fordham.edu/jirl/1004/thumbnail.jp