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Criminal Law

CrimProf Blog CrimProf Blog

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

Post Frequency: 25.9/day

Last Entry: April 01, 2011 at 16:40:00

Recent Entries: 2253

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Next week's criminal law/procedure oral arguments

Posted on March 19, 2011
Issue summaries are from ScotusBlog, which also links to briefs and opinions below: Monday, March 21 Davis v. US: Ordinarily, prosecutors may not use evidence at trial if the evidence was obtained in a way that violated the suspect?s right...


Lee on Punishing Disloyalty

Posted on March 19, 2011
Youngjae Lee (Fordham University School of Law) has posted Punishing Disloyalty on SSRN. Here is the abstract: Despite the special stigma attached to the charge of treason and despite the fact that crimes of espionage and sabotage against the United....


Norris on Testimony about Lab Results

Posted on March 18, 2011
Jesse J. Norris (Beloit College) has posted Who Can Testify About Lab Results after Melendez-Diaz? The Challenge of Surrogate Testimony to the Confrontation Clause (American Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: In Melendez-Diaz v...


Mann & Shatz on Laws of Torture

Posted on March 18, 2011
Itamar Mann and Omer Shatz have posted The Necessity Procedure: Laws of Torture in Israel and Beyond, 1987-2009 (Unbound: Harvard Journal of the Legal Left, Vol. 6, p. 59, 2010) on SSRN. Here is the abstract: This article traces the...


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Shuman-Powell on Giles v. California

Posted on March 18, 2011
Robert Shuman-Powell has posted Giles v. California: A Move Toward Equilibrium in Confrontation Clause Jurisprudence on SSRN. Here is the abstract: In Giles v. California, the Supreme Court of the United States considered whether California?s interpretation of the doctrine of...


Hessick & Hessick on Double Jeopardy as a Limit on Punishment

Posted on March 18, 2011
Carissa Byrne Hessick (pictured) and F. Andrew Hessick III (both of Arizona State, Sandra Day O'Connor College of Law and Arizona State University - Sandra Day O'Connor College of Law) have posted Double Jeopardy as a Limit on Punishment (Cornell...


Harel & Winter in defense of discriminatory sentencing

Posted on March 18, 2011
Alon Harel (pictured) and Eyal Winter (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Department of Economics) have posted) The Case for Discriminatory Sentencing: Why Identical Crimes May Deserve Different Sanctions on SSRN...


Cui on Foreclosure, Vacancy and Crime

Posted on March 17, 2011
Lin Cui has posted Foreclosure, Vacancy and Crime on SSRN. Here is the abstract: This paper examines the impact of residential foreclosures and vacancies on violent and property crime. To overcome confounding factors, a difference-in-difference research design is applied to...


Roots on Grand Juries

Posted on March 17, 2011
Roger Roots has posted Grand Juries Gone Wrong (Richmond Journal of Law & Public Interest, Vol. 14, p. 331, 2010) on SSRN. Here is the abstract: The shameful state of contemporary federal grand jury practice has attracted the attention of...


Blume, Johnson & Weyble on Non-Capital Habeas

Posted on March 16, 2011
John H. Blume , Sheri Lynn Johnson and Keir M. Weyble (pictured) (all of Cornell Law School) have posted In Defense of Non-Capital Habeas: A Response to Hoffman and King (Cornell Law Review, Vol. 96, p. 101, 2011) on SSRN....


Preview of next week's exclusionary rule argument

Posted on March 16, 2011
The piece, at ScotusBlog, begins as follows: The exclusionary rule generally suppresses evidence that police have obtained in violation of the Fourth Amendment. On Monday, March 21, in Tolentino v. New York (No. 09-11556), the Court will consider whether the...


Oberman on Teen Sex and the Law

Posted on March 15, 2011
Michelle Oberman (Santa Clara University - School of Law) has posted Two Truths and a Lie: Stories at the Juncture of Teen Sex and the Law on SSRN. Here is the abstract: Contemporary laws governing adolescent sexuality are internally incoherent...


Dubber on the MPC and European Criminal Law

Posted on March 15, 2011
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The American Law Institute?s Model Penal Code and European Criminal Law on SSRN. Here is the abstract: It has been suggested that the American Law Institute?s Model Penal...


Fagan & Kupchik on Juvenile Incarceration

Posted on March 15, 2011
Jeffrey Fagan (pictured) and Aaron Kupchik (Columbia Law School and University of Delaware, Department of Sociology and Criminal Justice) have posted Juvenile Incarceration and the Pains of Imprisonment on SSRN. Here is the abstract: As a result of the movement...


O'Hear on Indeterminate Sentencing

Posted on March 15, 2011
Michael M. O'Hear (Marquette University - Law School) has posted Beyond Rehabilitation: A New Theory of Indeterminate Sentencing (American Criminal Law Review, Vol. 47, 2011) on SSRN. Here is the abstract: Indeterminate sentencing - that is, sentencing offenders to a...


Papachristos, Braga & Hureau on Social Networks and Gunshot Injury

Posted on March 15, 2011
Andrew V. Papachristos , Anthony A. Braga and David Hureau (University of Massachusetts at Amherst - Department of Sociology , Harvard University - Harvard Kennedy School (HKS) and Harvard University - Harvard Kennedy School (HKS)) have posted Six-Degree of Violent...


Hafetz on Detaining Suspected Terrorists

Posted on March 15, 2011
Jonathan Hafetz has posted Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy (Jonathan Hafetz, HABEAS CORPUS AFTER 9/11: CONFRONTING AMERICA'S NEW GLOBAL DETENTION SYSTEM, Chapter 12, NYU Press, 2011) on SSRN. Here is the abstract: The book from...


Mikos on the DOJ and Medical Marijuana

Posted on March 14, 2011
Robert A. Mikos (Vanderbilt Law School) has posted A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana (Stanford Law & Policy Review, Vol. 201, p. 101, 2011) on SSRN. Here is the abstract: The Obama Administration...


Said on Material Support Prosecutions of Terrorism Suspects

Posted on March 13, 2011
Wadie E. Said (University of South Carolina School of Law) has posted The Material Support Prosecution and Foreign Policy (Indiana Law Journal, Vol. 86, No. 2, 2011) on SSRN. Here is the abstract: Since September 11, 2001, the chief statute...


Top-Ten Recent SSRN Downloads

Posted on March 13, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 461 An Equilibrium-Adjustment Theory of the Fourth Amendment Orin S. Kerr, George Washington University - Law School, Date posted to database: January 26,...


Davies on the Constitution and Common Law Arrest and Search

Posted on March 12, 2011
Thomas Y. Davies (University of Tennessee College of Law) has posted Can You Handle the Truth? The Framers Preserved Common-Law Arrest and Search Rules in 'Due Process of Law' - 'Fourth Amendment Reasonableness' is Only a Modern, Destructive, Judicial Myth...


Shen & Jones on Brain Scans as Evidence

Posted on March 11, 2011
Francis X. Shen and Owen D. Jones (pictured)(Vanderbilt Law School and Vanderbilt University - Law School & Department of Biological Sciences) have posted Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons (Mercer Law Review, Vol. 62, 2011) on SSRN...


Berry on Promulgating Proportionality

Posted on March 11, 2011
William W. Berry III (University of Mississippi School of Law) has posted Promulgating Proportionality (Georgia Law Review, Vol. 46, 2011) on SSRN. Here is the abstract: Two lines of cases have dominated the Supreme Court?s Eighth Amendment death penalty jurisprudence:...


Holley on Private Searches of Computers

Posted on March 10, 2011
Benjamin Holley has posted Digitizing the Fourth Amendment: Limiting the Private Search Exception in Computer Investigations (Virginia Law Review, Vol. 96, p. 677, 2010) on SSRN. Here is the abstract: The ?Private Search? exception to the Fourth Amendment allows law...


"Dozens of Cases to Be Dropped In San Francisco Police Scandal"

Posted on March 10, 2011
From The New York Times: SAN FRANCISCO ? With a group of undercover police officers under suspicion of perjury and conducting illegal searches, the San Francisco district attorney said Wednesday that his office would drop dozens of drug and robbery...


Bonnie on Personality Disorder and Insanity

Posted on March 10, 2011
Richard J. Bonnie (University of Virginia - School of Law) has posted Should a Personality Disorder Qualify as a Mental Disease in Insanity Adjudication? (Journal of Law, Medicine and Ethics, Vol. 38, 2010) on SSRN. Here is the abstract: The...


"Illinois Governor Signs Capital Punishment Ban"

Posted on March 10, 2011
From The New York Times: Illinois became the 16th state to ban capital punishment as Gov. Pat Quinn on Wednesday signed an abolition bill that the state legislature passed in January. ?Since our experience has shown that there is no...


Shen et al on Culpability and the MPC

Posted on March 10, 2011
Francis X. Shen (pictured), Morris B. Hoffman , Owen D. Jones , Joshua D. Greene and Rene Marois (Vanderbilt Law School , Second Judicial District (Denver), State of Colorado , Vanderbilt University - Law School & Department of Biological Sciences...


Shatz & Shatz on Gender and the Death Penalty

Posted on March 10, 2011
Steven F. Shatz (pictured) and Naomi R. Shatz (University of San Francisco - School of Law and New York Civil Liberties Union) have posted Chivalry is Not Dead: Murder, Gender, and the Death Penalty on SSRN. Here is the abstract:...


Cassidy on Plea Bargaining, Discovery, and Impeachment

Posted on March 09, 2011
Michael Cassidy (Boston College Law School) has posted Plea Bargaining, Discovery and the Looming Battle over Impeachment Evidence (Vanderbilt Law Review, Forthcoming) on SSRN. Here is the abstract: In a criminal justice system where guilty pleas are the norm and...


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