Category: Volume 52 (2020) Issue 3 (Fall)

Sonja B. Starr* Full Article. Introduction In the past several years, dozens of states have adopted or expanded laws providing for expungement of some adult criminal convictions.[1] Several states have recently passed groundbreaking “Clean Slate” legislation, which makes expungement automatic…

Cassia Spohn. The early 1970s witnessed calls for reductions in state and federal prison populations and predictions that the use of incarceration would decline. For example, in 1973 the National Advisory Commission on Criminal Justice Standards and Goals, which concluded…

John F. Pfaff* Full Article. Introduction Few institutions in our deeply flawed and troubled criminal justice system draw as much immediate ire as private prisons. In his 2016 campaign for the Democratic presidential nomination, for example, Senator Bernie Sanders’s first…

Ben A. McJunkin* Full Article. Introduction To be homeless in Arizona is to be a criminal. City ordinances across the state prohibit broad swaths of conduct that make merely existing in public spaces difficult for those who lack housing. As…

Tamara Rice Lave* Full Article. Introduction In this Article, I consider ways in which Arizona’s laws regarding sex offenders should be reformed. I begin by focusing on laws that are designed to deal with the danger posed by convicted sex…

Kristin Henning* & Rebba Omer** Full Article. Introduction It had been four long days since the baby died and Lacresha Murray had last been allowed to see or talk to her grandparents, who adopted her when she was two.[1]Now she…

Henry F. Fradella** & Christine S. Scott-Hayward*** Full Article. I. Introduction In its 2017 “State of Pretrial Justice in America” report, the Pretrial Justice Institute (“PJI”) praised Arizona’s pretrial justice reform efforts.[1] Arizona was one of nine states awarded a…

Michele Deitch* Full Article. Introduction Over the last decade or so, Arizona’s prisons have become synonymous with mismanagement, lack of safety, unconstitutional health care, and abysmal conditions for people in custody. The problems that have marred the corrections agency’s reputation…

Jenny E. Carroll* Full Article. Introduction Concepts of safety and prevention of danger pervade the criminal law canon.[1] Arizona is no exception.[2] The state’s criminal systems[3] pivot around central and entwined goals of protecting public safety and preventing danger. The…

Douglas A. Berman* and Alex Kreit** Full Article. Introduction In less than a decade, marijuana legalization has gone from unthinkable to seemingly unstoppable. The idea was viewed as so far outside the mainstream in 2009 that President Barack Obama’s first…