Criminal Law

Logan on Police Mistakes of Law

Posted on April 01, 2011
Wayne A. Logan (Florida State University - College of Law) has posted Police Mistakes of Law (Emory Law Journal, Vol. 61, 2012) on SSRN. Here is the abstract: This Article addresses something that most Americans would consider a constitutional impossibility:...

Capers on Male Rape Victimization

Posted on April 01, 2011
I. Bennett Capers (Hofstra University - School of Law) has posted Real Rape Too (California Law Review, Vol. 99, 2011) on SSRN. Here is the abstract: As a society, we have been largely indifferent to the prevalence of male rape...

Chin on Videotaped Forensic Interviews in Child Sex Abuse Cases

Posted on March 31, 2011
Kimberly Y. Chin has posted 'Minute and Separate': Considering the Admissibility of Videotaped Forensic Interviews in Child Sexual Abuse Cases after Crawford and Davis (Boston College Third World Law Journal, Vol. 30, No. 1, 2010) on SSRN. Here is the...

Robinson on Coercive Indoctrination and "Rotten Social Background"

Posted on March 31, 2011
Paul H. Robinson (University of Pennsylvania Law School) has posted Are We Responsible for Who We Are? The Challenge for Criminal Law Theory in the Defenses of Coercive Indoctrination and ?Rotten Social Background? on SSRN. Here is the abstract: Should...

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Pardo & Patterson on Neuroscience and Retributivism

Posted on March 30, 2011
Michael S. Pardo (pictured) and Dennis Patterson (University of Alabama School of Law and European University Institute) have posted Neuroscientific Challenges to Retributivism (THE FUTURE OF PUNISHMENT, Thomas Nadelhoffer, ed., Oxford University Press, Forthcoming) on SSRN...

Jacobi on the Law and Economics of the Exclusionary Rule

Posted on March 30, 2011
Tonja Jacobi (Northwestern University - School of Law) has posted The Law and Economics of the Exclusionary Rule on SSRN. Here is the abstract: The exclusionary rule is premised on behavioral assumptions about how the law shapes police conduct. Using...

Green on Prosecutors' Ethical Duty of Disclosure

Posted on March 30, 2011
Bruce A. Green (Fordham University School of Law) has posted Prosecutors? Ethical Duty of Disclosure: In Memory of Fred Zacharias (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract: ABA Model Rule 3.8(d) establishes an ethical duty on....

Argument transcript in witness tampering case

Posted on March 29, 2011
The case is Fowler v. United States.

Cert dismissed in case involving pre-existing identity documents found as result of Fourth Amendment violation

Posted on March 29, 2011
The case is Tolentino v. New York.

Opinion on section 1983 liability for failure to train on Brady obligations

Posted on March 29, 2011
The case is Connick v. Thompson. Here is the syllabus: Petitioner the Orleans Parish District Attorney?s Office concedes that, in prosecuting respondent Thompson for attempted armed robbery, prosecutors violated Brady v. Maryland, 373 U. S. 83, by failing to disclose...

"Davis innocence plea rejected"

Posted on March 28, 2011
From ScotusBlog: The Supreme Court, without a noted dissent, on Monday cleared the way for the state of Georgia to carry out the execution of Troy Anthony Davis of Savannah, rejecting five different ways that Davis?s lawyers had sought to...

Slobogin & Fondacaro on Juvenile Justice in Flux

Posted on March 28, 2011
Christopher Slobogin (pictured) and Mark R. Fondacaro, J.D., Ph.D. (Vanderbilt Law School and John Jay College - CUNY) have posted Juvenile Justice in Flux (JUVENILES AT RISK: A PLEA FOR PREVENTIVE JUSTICE, Oxford University Press, Forthcoming) on SSRN...

Risinger & Risinger on Innocence and Criminal Procedure

Posted on March 28, 2011
D. Michael Risinger (pictured) and Lesley C. Risinger (both of Seton Hall University School of Law) have posted Innocence is Different: Taking Innocence into Account in Reforming Criminal Procedure (New York Law School Law Review, Vol. 56, No. 3, 2011)...

Wood, Burris et al on Police Interventions with Persons Affected by Mental Illness

Posted on March 28, 2011
Jennifer Wood , Jeffrey W. Swanson , Scott Burris (pictured) and Allison Gilbert (Temple University , Duke University - Department of Psychiatry & Behavioral Sciences , Temple University - James E. Beasley School of Law and Duke University) have posted...

Top-Ten Recent SSRN Downloads

Posted on March 27, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 482 An Equilibrium-Adjustment Theory of the Fourth Amendment Orin S. Kerr, George Washington University - Law School, Date posted to database: January 26,...

Next week's criminal law/procedure argument

Posted on March 27, 2011
Issue summary is from ScotusBlog: Tuesday Fowler v. US: Whether, to prove a criminal violation of the federal witness tampering statute when a defendant allegedly kills a witness, the government must prove that the victim would have provided information regarding...

Boruchowitz on Diverting and Reclassifying Misdemeanors

Posted on March 25, 2011
Robert C. Boruchowitz (Seattle University School of Law) has posted Diverting and Reclassifying Misdemeanors Could Save $1 Billion Per Year: Reducing the Need for and Cost of Appointed Counsel (American Constitution Society for Law and Policy, December 2010) on SSRN...

Fines on Criminal Activities and Ethical Responsibilities

Posted on March 25, 2011
Barbara Glesner Fines (University of Missouri at Kansas City - School of Law) has posted Criminal Activities and Ethical Responsibilities (Family Advocate, Vol. 33, No. 4, Spring 2011) on SSRN. Here is the abstract: This article addresses the question of...

Maclin & Mirabella on Framing the Fourth

Posted on March 24, 2011
Tracey Maclin and Julia Grace Mirabella (Boston University - School of Law and Boston University School of Law) have posted Framing the Fourth (Michigan Law Review, Vol. 109, pp. 1049-1076, April 2011) on SSRN. Here is the abstract: Book Review...

Carodine on "Untried Conviction" Impeachment

Posted on March 24, 2011
Montré Denise Carodine (University of Alabama - School of Law) has posted Keeping it Real: Reforming the ?Untried Conviction? Impeachment Rule(Maryland Law Review, Vol. 69, p. 501, 2010) on SSRN. Here is the abstract: There is a growing call for...

Dervan on the DOJ and Corporate Criminal Liability

Posted on March 24, 2011
Lucian E. Dervan (Southern Illinois University School of Law) has posted Re-Evaluating Corporate Criminal Liability: The DOJ?s Internal Moral Culpability Standard for Corporate Criminal Liability (Stetson Law Review, Forthcoming) on SSRN. Here is the abstract: This article examines the common...

Berry on the European Prescription for Ending the Death Penalty

Posted on March 23, 2011
William W. Berry III (University of Mississippi School of Law) has posted The European Prescription for Ending the Death Penalty on SSRN. Here is the abstract: The United States of America remains the only Western democracy that continues to use...

Argument transcript in case involving relevance of age in determining custody under Miranda

Posted on March 23, 2011
The case is J.D.B. v. North Carolina.

Argument transcript in right to counsel case

Posted on March 23, 2011
The case is Turner v. Rogers.

Statement respecting denial of cert in warrantless environmental search of residential backyard

Posted on March 22, 2011
In Huber v. New Jersey Department of Environmental Protection, Justice Alito prepared a statement, joined in by the Chief Justice and Justices Scalia and Thomas, agreeing with denial of cert "because this case comes to us on review of a...

California proposal to regulate executive clemency

Posted on March 22, 2011
The story is from the San Diego Union Tribune: Sacramento ? The Assembly Public Safety Committee Tuesday approved legislation to crack open the now-secretive clemency process. The unanimous vote delivered an early victory to prosecutors and families furious over former...

Today's criminal law/procedure cert grants

Posted on March 21, 2011
Issue summaries are from ScotusBlog, which also links to papers and opinions below: Maples v. Allen: Whether the Eleventh Circuit properly held that there was no ?cause? to excuse any procedural default where petitioner was blameless for the default, the...

Transcript of argument on identity-related documents and the exclusionary rule

Posted on March 21, 2011
The case is Tolentino v. New York.

Transcript in argument on good faith, the exclusionary rule, and changing law

Posted on March 21, 2011
The case is Davis v. United States.

Top-Ten Recent SSRN Downloads

Posted on March 20, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 468 An Equilibrium-Adjustment Theory of the Fourth Amendment Orin S. Kerr, George Washington University - Law School, Date posted to database: January 26,...

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