Failing the Sniff Test: Using Marijuana Odor to Establish Probable Cause in Illinois Post-Legalization

Claire J. Rice surveys state law approaches to establishing probable cause using plain odor and canine sniffs in states that have legalized marijuana, concluding that the Illinois legislature should, first, clarify that marijuana odor cannot serve as the sole basis for probable cause to search a vehicle and, second, ban the use of marijuana-detecting canines.

United States v. Turkiye Halk Bankasi A.S.—the Conundrum of Foreign Sovereign Immunity in Criminal Prosecutions

Youssef Mohamed summarizes how United States v. Turkiye Halk Bankasi A.S. impacts the law of foreign sovereign immunity as it applies in criminal proceedings, ultimately concluding that, without further input from Congress, courts should defer to executive branch determinations of foreign immunity as manifested by the commencement of criminal proceedings.

Uncompassionate Incarceration: United States v. Thacker and Its Impact on Nonretroactivity-Based Compassionate Release

Jaden Lessnick argues that the Seventh Circuit's holding in United States v. Thacker misapplies the compassionate release statute and that, instead, a case-by-case assessment of whether a nonretroactive sentencing amendment can justify compassionate release is more consistent with the statute and Seventh Circuit precedent.

Criminal Justice Reform and the Courts by Rachel E. Barkow

Prosecutors seem to be the primary target for criminal justice reformers today, and with good reason: they are key gatekeepers to whether criminal charges get brought or not, and the particular charges they bring often dictate a defendant’s sentence. In a world dominated by plea bargains, prosecutors are essentially the final adjudicators in most criminal … Continue reading Criminal Justice Reform and the Courts by Rachel E. Barkow