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Criminal Law

CrimProf Blog

Criminal law resources, information, and news for the academic community.

Post Frequency: 30.9/day

Last Entry: May 21, 2013 at 23:30:00

Fazzi on California's Corrections Realignment

Posted on May 21, 2013
Steven Thomas Fazzi has posted A Primer on California's 2011 Corrections Realignment: Why California Placed Felons Under County Control (McGeorge Law Review, Vol. 44, No. 2, 2013) on SSRN. Here is the abstract: California's 2011 corrections realignment marked a dramatic...

"Judge Criticizes ?High Error Rate? of New York Police Stops"

Posted on May 21, 2013
From the New York Times: After listening to two months of testimony on the New York Police Department?s stop-and-frisk practices, Judge Shira A. Scheindlin left little doubt about her views of their effectiveness in helping detect criminal behavior. ...

"How quickly can and will (hundreds of) imprisoned crack defendants file "Blewett claims"?"

Posted on May 21, 2013
Doug Berman at Sentencing Law & Policy discusses the implications of a Sixth Circuit case declaring that the reduced mandatory minimum crack sentences set out in the Fair Sentencing Act of 2010 must be applied even to those offenders sentenced...

Today's criminal law/procedure cert grant

Posted on May 20, 2013
Issue summary from ScotusBlog, which will also link to papers when available: Fernandez v. California: whether a co-occupant of a home must be on hand to object to a police search, when the other occupant has agreed to let the...

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Opinion refusing habeas relief for Michigan's retroactive abolition of diminished-capacity defense

Posted on May 20, 2013
Justice Ginsburg delivered the opinion for a unanimous Court in Metrish v. Lancaster.

Goosen on Imminence and Battered Women

Posted on May 20, 2013
Samantha Goosen (University of KwaZulu-Natal - University Of KwaZulu-Natal) has posted Battered Women and the Requirement of Imminence in Self-Defence (Potchefstroom Electronic Law Journal, Vol. 16, No. 1, 2013) on SSRN. Here is the abstract: Should the South African courts...

"Statutory Rape of 15-Year-Old by 18-Year-Old"

Posted on May 20, 2013
Eugene Volokh has this post at The Volokh Conspiracy discussing the controversy over prosecution in a same-sex relationship. In part: The story alleges that the 15-year-old girl?s parents are upset about the same-sex nature of the relationship, so it?s possible...

Top-Ten Recent SSRN Downloads

Posted on May 19, 2013
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 4572 The Dangers of Surveillance Neil M. Richards, Washington University in Saint Louis - School of Law, Date posted to database: March 25, 2013 2...

"Trial Weighs Importance of Arrests in Police Stops"

Posted on May 18, 2013
From the New York Times: The so-called hit rate ? often measured as a percentage of stops that lead to an arrest or summons ? has long been at the center of the fraught public debate over the stop-and-frisk tactic....

Bowers on Counsel in Plea Bargaining

Posted on May 18, 2013
Josh Bowers (University of Virginia School of Law) has posted Two Rights to Counsel (Washington and Lee Law Review, Forthcoming) on SSRN. Here is the abstract: This forthcoming essay argues that there is not one constitutionally recognized right to counsel,...

Justice & Meares on How the Criminal Justice System Educates Citizens

Posted on May 17, 2013
Benjamin Justice (Rutgers University) (pictured) and Tracey Meares (Yale Law School) have posted How the Criminal Justice System Educates Citizens on SSRN. Here is the abstract: The modern democratic state interacts with citizens through various paths, but at least two...

"Galanter Throws O.J. Simpson Under the Bus"

Posted on May 17, 2013
From TalkLeft, discussing Simpson's claim of ineffective assistance. In part: O.J. Simpson's former attorney, Yale Galanter, threw O.J. under the bus today, testifying O.J. told him he knew others were bringing guns to the hotel room where O.J. planned to...

Bennardo on Post-Sentencing Appellate Waivers

Posted on May 17, 2013
Kevin Bennardo (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center) has posted Incentivizing Lawfulness Through Post-Sentencing Appellate Waivers on SSRN. Here is the abstract: A sentencing appellate waiver is a promise by a criminal defendant not to...

"A ?Pandora?s Box of Problems? From a Police Shooting and Drugs in a Utah Town"

Posted on May 17, 2013
From the New York Times: West Valley City officials offered a few details from their investigation into the drug squad. They found that officers had mishandled evidence and had placed tracking devices on suspects? cars without getting necessary warrants...

Cassell & Mitchell on Applying the Crime Victims' Right Act Before Charges

Posted on May 16, 2013
Paul G. Cassell and Nathanael J. Mitchell (University of Utah - S.J. Quinney College of Law and University of Utah - S.J. Quinney College of Law) have posted Crime Victims? Rights During Criminal Investigations? Applying the Crime Victims? Rights Act...

Madden on Criminal Evidence and Human Rights

Posted on May 16, 2013
Mike Madden (Schulich School of Law at Dalhousie University) has posted Book Review - Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions, Edited by Paul Roberts and Jill Hunter ((2013) 50:4 Osgoode Hall Law Journal) on SSRN...

Bowers on how Lafler and Frye help the government

Posted on May 16, 2013
Josh Bowers (University of Virginia School of Law) has posted Lafler, Frye, and the Subtle Art of Winning by Losing (Federal Sentencing Reporter, Vol. 25, No. 2, pp. 126-130, 2012) on SSRN. Here is the abstract: In its recent decisions,...

Sarch on Yaffe on Attempts

Posted on May 15, 2013
Alex F. Sarch has posted Two Objections to Yaffe on the Criminalization of Attempts (Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract: In his recent book Attempts, Gideon Yaffe suggests that attempts should be criminalized because of...

Tidwell on Police Non-Cooperation in Immigration Enforcement

Posted on May 15, 2013
Natashia Tidwell (New England Law | Boston) has posted Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-Cooperation Policies (St. John's Law Review, Vol. 88, No. 1, 2014) on SSRN. Here is the abstract: The role...

"Brady Violation Leads to Arrest of Former Texas Prosecutor"

Posted on May 15, 2013
Lawrence Goldman has this post at White Collar Crime Prof. In part: A Texas judge, acting as a court of inquiry, under Texas law, after a hearing ordered the arrest of a current Texas state court judge, Ken Anderson, for...

"Doctor Avoids Death Penalty in Murders at His Clinic"

Posted on May 15, 2013
From the New York Times: Kermit Gosnell, the doctor convicted of murdering babies after failed abortions in his Philadelphia clinic, avoided the death penalty on Tuesday by agreeing to a sentence of life in prison without parole. . . ....

Meyn on Criminal Discovery

Posted on May 15, 2013
Ion Meyn (University of Wisconsin Law School) has posted Discovery and Darkness: The Information Deficit in Criminal Disputes (Brooklyn Law Review , Forthcoming) on SSRN. Here is the abstract: Scholarship has long recognized a disparity between the discovery rights afforded...

Yankah on Policing Ourselves

Posted on May 14, 2013
Ekow N. Yankah (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Policing Ourselves: A Republican Theory of Citizenship, Dignity and Policing - A Comment on Fagan (Fordham Urban Law Journal, Forthcoming) on SSRN. Here is the abstract:...

Baumann & Friehe on Status Concerns as a Motive for Crime

Posted on May 14, 2013
Florian Baumann and Tim Friehe (University of Mainz - Department of Economic Theory and University of Konstanz - Department of Economics) have posted Status Concerns as a Motive for Crime? on SSRN. Here is the abstract: This paper analyzes the...

King on Enforcing Effective Assistance after Martinez

Posted on May 14, 2013
Nancy J. King (Vanderbilt University - Law School) has posted Enforcing Effective Assistance after Martinez (The Yale Law Journal Company, Incorporated in The Yale Law Journal (Forthcoming)) on SSRN. Here is the abstract: This Essay argues that the Court?s effort...

"Isn't it stunningly idiotic for GOP Rep. Sensenbrenner to defend mandatory minimums because of "judge-shopping"?"

Posted on May 14, 2013
From Douglas Berman at Sentencing Law & Policy. In part: Perhaps Sensenbrenner knows something magical about the operation of the federal criminal justice system that I do not know, but I am pretty sure there are no existing mechanisms for...

Parilo on Miranda and Prisoners

Posted on May 13, 2013
Michelle Parilo has posted Protecting Prisoners During Custodial Interrogations: The Road Forward After Howes v. Fields (Boston College Journal of Law & Social Justice, Vol. 33, No. 1, p. 217, 2013) on SSRN. Here is the abstract: In 1966, in...

Cassell, Marsh & Christiansen on Restitution for Child Pornography Victims

Posted on May 13, 2013
Paul G. Cassell , James Marsh and Jeremy M. Christiansen (University of Utah - S.J. Quinney College of Law , Marsh Law Firm PLLC and University of Utah - S.J. Quinney College of Law) have posted The Case for Full...

Dempsey, Hoyle & Bosworth on Sex Trafficking

Posted on May 13, 2013
Michelle Madden Dempsey , Carolyn Hoyle and Mary Bosworth (Villanova University School of Law , University of Oxford - Centre for Criminological Research and University of Oxford - Faculty of Law) have posted Defining Sex Trafficking in International and Domestic...

"A Clueless "Expert" on Tsarnaev and Miranda"

Posted on May 13, 2013
Kent Scheidegger at Crime and Consequences has this incisive critique of Erwin Chemerinsky's article in the National Law Journal.

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