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Jenny Carroll
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Publications
Publications
(21)
Article
Policing Protest: Speech, Space, Crime, and the Jury
Yale Law Journal (2023)
Jenny E. Carroll
Speech is more than just an individual right—it can serve as a catalyst for democratically driven revolution and reform, particularly ...
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Article
The Ever-Shifting Ground of Pretrial Detention Reform
Annual Review of Law and Social Science (2023)
Jenny E. Carroll
In the past six decades, pretrial detention systems have undergone waves of reform. Despite these efforts, pretrial jail populations across ...
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Article
Beyond Bail
Florida Law Review (2021)
Jenny E. Carroll
From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even ...
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Article
Law Review and Finding a Place in the Academy
Texas Law Review Online (2021)
Jenny E. Carroll
Membership on the Texas Law Review created opportunities for me, taught me a lot about editorial processes, and served as ...
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Article
COVID-19 Relief and the Ordinary Inmate
Ohio State Journal of Criminal Law (2021)
Jenny E. Carroll
As scholars and advocates have lamented the deficiencies of remedies pre- and post-conviction for the extraordinary, the “ordinary” are not ...
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Article
If Only I Had Known: The Challenges of Representation
Fordham Law Review (2021)
Jenny E. Carroll
This Essay explores the challenges of that representation and the false dichotomies it creates—dichotomies that carry tremendous burdens for stakeholders—from ...
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Article
Safety, Crisis, and Criminal Law
Arizona State Law Journal (2020)
Jenny E. Carroll
Concepts of safety and prevention of danger pervade the criminal law canon. Arizona is no exception. The state’s criminal systems ...
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Article
The Due Process of Bail
Wake Forest Law Review (2020)
Jenny E. Carroll
The Due Process Clause is a central tenet of criminal law’s constitutional canon. Yet defining precisely what process is due ...
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Article
Pretrial Detention in the Time of COVID-19
Northwestern University Law Review Online (2020)
Jenny E. Carroll
It is hard to overstate the impact of COVID-19. When it comes to the criminal justice system, the current COVID-19 ...
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Article
Graffiti, Speech, and Crime
Minnesota Law Review (2019)
Jenny E. Carroll
Graffiti resides at the uncomfortable intersection of criminal law and free speech rhetoric. It is not the shout of revolution ...
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Article
Bathroom Laws As Status Crimes
Fordham Law Review (2017)
Stephen Rushin and Jenny E. Carroll
A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their ...
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Article
The Problem with Inference for Juvenile Defendants
Florida State University Law Review (2017)
Jenny E. Carroll
Much of criminal law relies on proof by inference. In criminal law, fact finders untangle not only what happened, but ...
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Contribution to Book
Afterword: Death and the State
Faculty Scholarship (2017)
Jenny E. Carroll
The contributions in this book lend a multifaceted analysis to a topic that long has been a darling and a ...
Link
Article
Brain Science and the Theory of Juvenile Mens Rea
North Carolina Law Review (2016)
Jenny E. Carroll
The law has long recognized the distinction between adults and children. A legally designated age determines who can vote, exercise ...
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Article
The Jury as Democracy
Alabama Law Review (2015)
Jenny E. Carroll
Almost from the moment the law is set to paper, it is shaped and refined through acts of interpretation and ...
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Contribution to Book
Williams v. Florida: What’s in a Number? Jury Function ...
Faculty Scholarship (2015)
Jenny E. Carroll
In Williams v. Florida, the Supreme Court considered the question of how many jurors are required to satisfy the Sixth ...
Link
Article
Nullification as Law
Georgetown Law Journal (2014)
Jenny E. Carroll
The rule of law is central to our notion of governance and our legal system. The ideal of a knowable, ...
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Article
The Resistance Defense
Alabama Law Review (2013)
Jenny E. Carroll
This article explores a previously ignored set of defendants — those who choose to rely on a defense of resistance. ...
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Article
The Jury's Second Coming
Georgetown Law Journal (2012)
Jenny E. Carroll
This article explores the controversial issue of jury nullification by reconceptualizing nullification through the lens of the Supreme Court’s recent ...
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Article
Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi ...
Hastings Law Journal (2009)
Jenny E. Carroll
This article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey-a landmark decision that celebrates ...
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Article
Images of Women and Capital Sentencing Among Female Offenders: Exploring ...
Texas Law Review (1997)
Jenny E. Carroll
This Note explores the effect on women of this process of demarcating boundaries of unacceptable behavior within the context of ...
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