A Project of the University of Michigan Law School and the MDefenders Program

Marijuana Smell Alone Should Not Justify A Search

Based on six years of data of police stops in Philadelphia based on the smell of marijuana, this brief overviews how its use as a justification for a search has vastly increased the number of searches conducted, but less than 20% of the searches relying on the presence of marijuana actually discovered contraband. The brief […]

Amicus brief arguing mandatory life without parole sentencing regimes violate the Eighth Amendment when applied to persons with intellectual disabilities (ID)

This amicus brief argues that mandatory sentencing regimes prevent individualized sentencing that accounts for the unique vulnerabilities of people with ID (pp. 4–9, 13-16, 20–25). Drawing on Atkins, Roper, Graham, and Miller, the brief explains that ID, like youth, significantly reduces culpability and weakens the traditional sentencing justifications of retribution, deterrence, and incapacitation (pp. 16-20). Modern science disproves the stereotype that people […]