Law Quarterly

Mass Incarceration to Drug Offences

Apr
15

Of the countless problems in the United States, the issue of marijuana arrests due to systematic racism has lingered agelessly. The United States has equal prosecution under the law. However, African Americans are incarcerated five times more than people of European descent, with African Americans and Hispanics taking up 56% of prison populations, despite only taking up 32% of the United States population (according to the National Association for the Advancement of Colored People). When people who hold twisted perspectives work in the position of in the position of law enforcement, they can actively decide who should be prosecuted and who may go off with just a warning.  (more…)

Mens Rea Reform and the Modern Regulatory State

Sep
27

During the spring of 2016, prior to the election of Donald Trump, Congress, without much fanfare, drafted and considered legislation for comprehensive criminal justice reform. This reform was primarily aimed at reducing mandatory minimum sentencing. However, many congressional Republicans, such as Congressmen Orrin Hatch and Jim Sensenbrenner, supported adding mens rea reform to the comprehensive criminal justice legislation. The subsequent dispute over the mens rea addendum fell mostly along partisan lines and ultimately derailed the entire legislative effort. (more…)