The Berkeley Journal of Criminal Law provides a forum for the discussion of regional, national, and international criminal law issues. Since its inception in 2000, the journal has published cutting-edge scholarship by professors, judges, research fellows, clerks, and law students from across the country. BJCL operates under the advisement of Berkeley Law faculty and is available on LexisNexis, Westlaw, and HeinOnline.

We seek submissions from scholars, students, and practitioners in both the private and public sectors. In addition to traditional scholarly articles, BJCL will consider book reviews, practice-oriented pieces, and student notes. While the journal publishes work covering a broad range of traditional topics in both substantive and procedural criminal law, we are also interested in articles that discuss issues unique to California and other western states.

BJCL is one of the first legal journals to have instituted a Faculty Advisory Committee, which reviews articles we accept for publication. If you publish with our journal, you will have the benefit of peer review of your scholarship by leading criminal law faculty at Boalt Hall.

BJCL publishes on an ongoing basis and is completely digital (though authors can get hard-copy prints). We publish our Fall Edition in January and our Spring Edition in June. Authors who would like to submit articles for consideration should upload submissions to ExpressO.

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Volume 23

Issue 2 - Fall 2018

A Consumer's Guide to Sentencing Reform: Reflections on Zimring's Cautionary Tale
Richard S. Frase

Comparative Reflections on American Crime Declines
David T. Johnson

The Citizen's Guide to Gun Control at 30
Sam Kamin

Zimring/Hawkins Citizen's Guide to Gun Control: A Retrospective
James B. Jacobs

A Response to When Police Kill
Stephen Rushin

Why the State Stops to Kill: The Death Penalty and the Rule of Law in Taiwan
Kai-Ping Su

94 Different Countries? Time, Place, and Variations in Federal Criminal Justice
Mona Lynch

Superlative Subjects, Institutional Futility, and the Limits of Punishment
Keramet Reiter and Thomas Blair

On the (Im)mortality of the Death Penalty
Meir Dan-Cohen

Is Public Opinion a Justifiable Reason Not to Abolish the Death Penalty? A Comparative Analysis of Surveys of Eight Countries
Roger Hood

Ranking States in Their Use of Evidence-Based Programs for Juvenile Offenders: A 20-Year Progress Report
Peter W. Greenwood

Police, Race, and the Production of Capital Homicides
Jeffrey Fagan and Amanda Geller

Frank Zimring and Gun Control: A True American Guru
Richard Harding

Punishing Mere Immortality? Skeptical Thoughts from a Comparative Perspective
Cristina de Maglie

Issue 1 - Spring 2018

Letter from the Editors

Introduction: "Criminal Justice at a Crossroads" Symposium
Edwin Meese III and John Malcolm

Through Police Eyes - the Ferguson Effect Scare
Ronald T. Hosko

Getting There: On Strategies for Implementing Criminal Justice Reform
Susan N. Herman

Introduction to a Debate: "Marijuana: Legalize, Decriminalize, or Leave the Status Quo in Place?"
Paul L. Larkin, Jr.

Marijuana and Legalization Impacts
Kevin Sabet

The Benefits of Marijuana Legalization and Regulation
Tamar Todd

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Volume 22

Issue 2 - Fall 2017

The Unconstitutionality of Mandatory Detention During Competency Restoration
Marisol Orihuela

Rethinking Federal Diversion: The Rise of Specialized Criminal Courts
Christine S. Scott-Hayward

Why Prison?: An Economic Critique
Peter N. Salib

Issue 1 - Spring 2017

Awesome Punishments
Richard Thaddaeus Johnson

20 Years for Clearing Your Browser History?
Juliana DeVries

An Empirical Look At Commander Bias in Sexual Assault Cases
Eric R. Carpenter

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Volume 21

Issue 2 - Fall 2016

The First Thing We Do, Let's Heal All The Law Students: Incorporating Self-Care into a Criminal Defense Clinic
Ronald Tyler

Flagrant Police Abuse: Why Black Lives (Also) Matter to the Fourth Amendment
Joëlle Anne Moreno

It's High Time to Dump the High-Crime Area Factor
Reshaad Shirazi

Issue 1 - Spring 2016

Assaultative Femicide and the American Felony-Murder Rule
Hava Dayan

When Numbers Lie: the Under-reporting of Police Justifiable Homicides
Tiffany R. Murphy

"Insight" Into Life Crimes: The Rhetoric of Remorse and Rehabilitation in California Parole Precedent and Practice
Lilliana Paratore

Long May You Run: Drug Courts in the Twenty-First Centrury
Mangesh Duggal

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Volume 20

Issue 2 - Fall 2015

Why Should an "Innocent Citizen" Shoulder the Burden of an Officer's Mistake of Law? Heien v. North Carolina Tells Police to Detain First and Learn the Law Later
George M. Dery III and Jacklyn R. Vasquez

Congressional Gamesmanship Leads To An Acquittal In Deepwater Horizon Case
Brian M. Heberlig

The Problem With Cynical Prosecutor's Syndrome: Rethinking a Prosecutor's Role in Post-conviction Cases
Laurie L. Levenson

Armed Not Militarized: Achieving Real Police Militarization
Gilbert Rivera

Issue 1 - Spring 2015

Back to the Future: The Influence of Criminal History on Risk Assessments
Melissa Hamilton

Using Criminal Justice Theories to Create More Effective Policy for Commercially Sexually Exploited Children
Cristina Liebolt

Charles Lindbergh, Caryl Chessman, and the Exception Proving the (Potentially Waning) Rule of Prosecutorial Discretion
Wesley M. Oliver

The Appropriate Standard of Proof for Determining Intellectual Disability in Capital Cases: How High is Too High?
Timothy R. Saviello

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Volume 19

Issue 2 - Fall 2014

Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing
Andrew Ingram

"I Know My Rights, So You Gon' Need a Warrant for That": The Fourth Amendment, Riley's Impact, and Warrantless Searches of Third-Party Clouds
Laurie Serafino

The Political Foundations of Miranda v. Arizona and the Quarles Public Safety Exception
Aaron J. Ley & Gordie Verhovek

Issue 1 - Spring 2014

State Constitutions and the Humane Treatment of Arrestees and Pretrial Detainees
Caroline Davidson

Fallen Soldier: Military (In)justice and the Criminalization of Attempted Suicide After U.S. v. Caldwell
Ari Freilich

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Volume 18

Issue 2 - Fall 2013

Sherlock Holmes and the Mystery of the Pointless Remand
James J. Duane

Shadow Sentencing: The Imposition of Federal Supervised Release
Christine S. Scott-Hayward

Slaughter of the Innocents: Justification, Excuse, and the Principle of Double Effect
Edward C. Lyons

An Ounce of Pretrial Prevention Is Worth More Than a Pound of Post-Conviction Cure: Untethering Federal Pretrial Criminal Procedure From Due Process Standards of Review
Jordan Gross

Issue 1 - Spring 2013

The Unusual Punishment: A Call for Congress to Abolish the Death Penalty Under the Uniform Code of Military Justice for Unique Military, Non-Homicide Offenses
Rich Federico

Redressing Transgression: In Defense of the Federal Sentencing Guidelines for Child Pornography Possession
Molly Smolen

Hawai’i Girls Court: Juveniles, Gender, and Justice
Tamar Lerer

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Volume 17

Issue 2 - Fall 2012

Contraband Immunity: Updating Amsterdam, LaFave, and White's "Use-Exclusion" Proposal to Limit Police Pretext
Brian J. Foley

Expedient Knocks and Cowering Citizens: The Supreme Court Enables Police to Manufacture Emergencies by Pounding on Doors at Will in Kentucky v. King
George Dery

Punishment Without Conviction: Controlling the Use of Unconvicted Conduct in Federal Sentencing
Gerald Leonard & Christine Dieter

How Resource Disparity Makes the Death Penalty Unconstitutional: An Eighth Amendment Argument Against Structurally Imbalanced Capital Trials
Cory Isaacson

Issue 1 - Spring 2012

The Community Right to Counsel
Laura I. Appleman

Indecent Exposure: Do Warrantless Searches of a Student's Cell Phone Violate the Fourth Amendment?
Amy Vorenberg

The Kids Aren't Alright: An Argument to Use the Nation Building Model in the Development of Native Juvenile Justice Systems to Combat the Effects of Failed Assimilative Policies
Ryan Seelau

Moving Pictures . . . Maintaining Justice? Clarifying the Right Role for Victim Impact Videos in the Capital Context
Emily Holland

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Volume 16

Issue 2 - Fall 2011

Exclusion and Control in the Carceral State
Sharon Dolovich

Reinvigorating Actus Reus: The Case for Involuntary Actions by Veterans with Post­‐Traumatic Stress Disorder
Melissa Hamilton

Hard Lessons: The Role of Law Schools in Addressing Prosecutorial Misconduct
Lara A. Bazelon

Where We Are with Location Tracking: A Look at the Current Technology and the Implications on Fourth Amendment Jurisprudence
Ian Herbert

Issue 1 - Spring 2011

Realistic Opportunity for Release Equals Rehabilitation: How the States Must Provide Meaningful Opportunity for Release
Sally Terry Green

Lawrence's Criminal Law
J. Kelly Strader

The Physical Computer and the Fourth Amendment
Josh Goldfoot

Out of the Principal's Office and Into the Courtroom: How Should California Approach Criminal Remedies for School Bullying?
Tracy Tefertiller

Book Review: A Peculiar Study of the American Death Penalty
Christopher Perdue

Only Young Once but a Registered Sex Offender for Life: A Case for reforming California's Juvenile Sex Offender Registration System Through the Use of Risk Assessments
Tracy Petznick

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Volume 15

Issue 2 - Fall 2010

Justice John Paul Stevens and Capital Punishment
Christopher E. Smith

Improbable Cause: A Case for Judging Police by a More Majestic Standard
Melanie D. Wilson

Independent Appellate Review of Knowledge of Falsity in Defamation and False Statements Cases
Tung Yin

The Natural and Probable Consequences Doctrine: A Case Study in Failed Law Reform
Michael G. Heyman

Issue 1 - Spring 2010

The Legalization of Marijuana: A Dead-end or the High Road to Fiscal Solvency?
Michele Patton

Coleman/Plata: Highlighting the Need to Establish an Independent Corrections Commission in California
Amanda Lopez

Calling Strikes Before He Stepped to the Plate
Joseph Goldstein-Breyer

Racializing Disability, Disabling Race: Policing Race and Mental Status
Camille Nelson

People v. Sarun Chun
David Mishook

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Volume 14

Issue 2 - Fall 2009

Melendez-Diaz v. Massachusetts: Raising the Confrontation Requirements for Forensic Evidence in California
Justin Chou

Imputed Liability for Supervising Prosecutors: Applying the Military Doctrine of Command Responsibility to Reduce Prosecutorial Misconduct
Geoffrey S. Corn & Adam M. Gershowitz

Ad Law Incarcerated
Giovanna Shay

Issue 1 - Spring 2009

26 Years of “Truth-in-Evidence:” The Expectations and Consequences of Proposition 8’s Most Controversial Provision
Diana Friedland

Clemency in California Capital Cases
Mary-Beth Moylan & Linda E. Carter

Watching Ghosts: Supervised Release of Deportable Defendants
Thomas Nosewicz

2008 Developments in Juvenile Justice: Realignment, Proposition 6, and Changes to Competency Decisions
Megan Bordonaro

An Update on the California Prison Crisis and Other Developments in State Corrections Policy
Greta Bradlee

2008 California Criminal Law Ballot Initiatives
Ryan Davis

Developments in White Collar Criminal Law and the “Culture of Waiver"
Lizzy Levin

People v. Chance: Analyzing the Assault Statute’s “Present Ability”
Stuart Robinson

In re Lawrence and Hayward v. Marshall: Reexamining the Due Process Protections of California Lifers Seeking Parole
Blaire Russell

Mental Illness in prison: A Growing Threat to Inmate Rehabilitation
SpearIt

The Potential and Limits of Death Penalty Commissions as Tools for Reform: Applying Lessons from Illinois and New Jersey to Understand the California Experience
Sarah Rose Weinman

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Volume 13

Issue 2 - Fall 2008

Avoiding Atkins v. Virginia: How States Are Circumventing Both the Letter and the Spirit of the Court's Mandate
Judith M. Barger

Marvin Frankel's Mistakes and the Need to Rethink Federal Sentencing
Lynn Adelmant & Jon Deitrich

The Rhetoric of Self-Defense
Janine Young Kim

The Essential but Inherently Limited Role of the Courts in Prison Reform
Erwin Chemerinsky

Crisis and Opportunity in California's Prison System
Michael P. Jacobson

Issue 1 - Spring 2008

Setting Bail for Public Safety
Curtis E.A. Karnow

All for One: A Review of Victim-Centric Justifications for Criminal Punishment
Adam J. MacLeod

A Cite-Checker's Guide to Sexual Dangerousness
Franklin E. Zimring and Chrysanthi S. Leon

Developments in California Criminal Law: Contributions from the Courts

2007 California Criminal Legislation: Meaningful Change, or Preserving the Status Quo?

California Corrections: Confronting Institutional Crisis, Lethal Injection, and Sentencing Reform in 2007

California Youth and Criminal Law: 2007 Juvenile Justice Reform and Gang Prevention Initiatives

The "Ideal" Pendulum Swing: From Rhetoric to Reality
Dusty Collier

The Problem of Post-Cunningham Judicial Review: The Impact of Gall, Kimbrough and Senate Bill 40 on California Sentencing
Casey McTigue

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Volume 12

Issue 2 - Fall 2007

Caleb Foote: A Personal and Loving Remembrance
Robert J. Levy

Caleb Was Right: Pretrial Decisions Determine Mostly Everything
Candace McCoy

Reflections on Caleb Foote on Vagrancy-Type Laws
Jerome Skolnick

Promoting Criminal Justice Reform Through Legal Scholarship: Toward a Taxonomy
Carol S. Steiker

How Sentencing Commissions Turned Out To Be a Good Idea
Robert Weisberg

Issue 1 - Spring 2007

Confessions and Harmless Error: A New Argument for the Old Approach
Alan Hirsch

A Death Penalty Wake-Up Call: Reducing the Risk of Racial Discrimination in Capital Punishment
Maxine Goodman

Risky Business: Criminal Specialty Courts and the Ethical Obligations of the Zealous Criminal Defender
Tamar M. Meekins

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Volume 11

Issue 2 - Fall 2006

Stuck in the Thicket: Struggling with Interpretation and Application of California's Anti-Gang STEP Act
Martin Baker

Booker's Impact on the Standard of Review Governing Supervised Release and Probation Revocation Sentences
Leigha Simonton

Issue 1 - Spring 2006

Self-Incrimination's Covert Federalism
Peter Westen

Gender and the Social Costs of Sentencing: An Analysis of Sentences Imposed on Male and Female Offenders in Three U.S. District Courts
Ann Martin Stacey & Cassia Spohn

The Admission of Evidence in Domestic Violence Cases after Crawford v. Washington: A National Survey
John M. Leventhal & Liberty Aldrich

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Volume 10 - Boalt Journal of Criminal Law

Fall 2005

They Can Take Your Body But Not Your Soul-- Or So You Thought--The Third Circuit's Application of the Turner Standard in Prisoners' Free Exercise Cases
Tara Kao

Protecting the Waterfront: Prosecuting Mob-Tied Union Officials Under the Hobbs Act and RICO after Scheidler
Ehren Park Reynolds

Fourth Amendment Reasonableness: Why Utah Courts Should Embrace the Community Caretaking Exception to the Warrant Requirement
Matthew Bell

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Volume 9 - Boalt Journal of Criminal Law

Spring 2005

Fidos and Fi-don’ts: Why the Supreme Court Should Have Found a Search in Illinois v. Caballes
Nina Paul & Will Trachman

More Questions than Answers: The Indeterminacy Surrounding Enemy Combatants Following Hamdi v. Rumsfeld
Vijay Sekhon

California's Proposition 36 and the War on Drugs
Christine Watson

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Volume 8 - Boalt Journal of Criminal Law

Fall 2004

The Jurisprudence of Justice Sandra Day O’Connor
Christopher Slobogin

Irreconcilable Differences: The Ninth CIrcuit's Conflicting Case Law Regarding Mutually Exclusive Defenses of Criminal CoDefendants
Scott Hamilton Dewey

Is the Constitution in Harm’s Way? Substantive Due Process and Criminal Law
Eric Tennen

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Volume 7 - California Criminal Law Review

Spring 2004

Post-War Iraq: Prosecuting Saddam Hussein
L. Elizabeth Chamblee

Adnan Award: The Forgotten Informant
Brian H. Potts

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Volume 6 - California Criminal Law Review

Fall 2003

Giving Ex-Felons the Right to Vote
Scott M. Bennett

Justice Department's Policy Of Opposing Nolo Contendere Pleas: A Justification
Mark Gurevich

Ten Years Of Court-Supervised Reform: A Chronicle And Assessment
James B. Jacobs & Kristin Stohner

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Volume 5 - California Criminal Law Review

Spring 2003

Watching Legislatures for Apprendi’s Effects on Plea Bargaining
Darryl K. Brown

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Volume 4 - California Criminal Law Review

Fall 2002

Is There Such a Thing as "Virtual Crime"?
Susan W. Brenner

Toiling of the AEDPA Statute of Limitations: Bennett, Walker and the Equitable Last Resort
Virginia E. Harper-Ho

Fetal Endangerment: A Challenge For Criminal Law
Robert G. Costello

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Volume 3 - California Criminal Law Review

Spring 2002

Sanctum for the War Criminal: Extradition Law and the International Criminal Court
Sunil Kumar Gupta

The Dutch Approach to Stalking Laws
Lambèr Royakkers

Stigma: A More Efficient Alternative to Fines In Deterring Corporate Misconduct
Darlene. R. Wong

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Volume 2 - California Criminal Law Review

Fall 2001

Consistency and Fairness in Sentencing - The Splendor of Fixed Penalties
Mirko Bagaric

Resisting Unlawful Arrest in Mississippi: Resisting the Modern Trend
Craig Hemmens

Victim Impact Statements Considered in Sentencing: Constitutional Concerns
Mark Stevens

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Volume 1 - California Criminal Law Review

Spring 2001

Using International Law to Defend the Accused
Diane Marie Amann, Cynthia R.L. Fairweather, & Vivian Rhoe

Like Oil and Water: Medical and Legal Competency in Capital Appeal Waivers
Michelle C. Goldbach

Mental Illness and the Death Penalty
Christopher Slobogin