“Spit and Acquit”: Prosecutors as Surveillance Entrepreneurs

A high-stakes debate has emerged around the legislative expansion of forensic DNA databases, a move that would assist thousands of criminal investigations but also raise profound privacy issues. In Maryland v. King, where the Court upheld the constitutionality of forced DNA sampling of arrestees, Justice Alito described the Court’s 2013 decision as “perhaps the most […]

The Uneasy Case for Marijuana as Chemical Impairment Under a Science-Based Jurisprudence of Dangerousness

As the marijuana legalization movement advances, states face a jurisprudential dilemma in addressing the burgeoning public health issue of “drugged driving.” Zero-tolerance laws targeting drivers with any illegal drugs in their systems, currently justified under a “jurisprudence of prohibition” based on the blameworthiness of the drug itself, are no longer a good fit due to […]