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Criminal Law

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

Unmanned Surveillance Drones in Houston (Kolber)

Posted on January 14, 2010
The Houston Police Department has been testing a small, unmanned aircraft that can be used for surveillance. As Professor Rocky Rhodes (South Texas College of Law) notes in the video, one issue raised by the drones is whether they are...

"UK prison population should be cut by a third: parliamentary report"

Posted on January 14, 2010
Jurist has the story here.

Uhlmann on Environmental Crime

Posted on January 14, 2010
David M. Uhlmann (University of Michigan Law School) has posted Environmental Crime Comes of Age: The Evolution of Criminal Enforcement in the Environmental Regulatory Scheme (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: The environmental crimes program in...

Tadros on Criminalization and Regulation

Posted on January 13, 2010
Victor Tadros (University of Warwick - School of Law) has posted Criminalization and Regulation (R.A. Duff, L. Farmer, S.E. Marshall, M. Renzo, and V. Tadros, BOUNDARIES OF THE CRIMINAL LAW, Oxford: OUP, Forthcoming) on SSRN. Here is the abstract: What...

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Perceived Necessity, Mitigation, and the Trial of the Abortionist's Killer

Posted on January 13, 2010
The New York Times has the story on the Kansas prosecution, headlined Manslaughter Defense Remains Open Issue in Doctor?s Killing. In part: In a hearing here, Judge Warren Wilbert of Sedgwick County District Court refused a prosecution request to bar...

Leo and Koenig on Coercive Tactics and the War on Terror

Posted on January 13, 2010
Richard A. Leo (University of San Francisco - School of Law) and Alexa Koenig (University of San Francisco) (pictured) have posted Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror (University of Chicago Press, Forthcoming)...

Alexander on the Reputational Penalty for Corporate Crime

Posted on January 12, 2010
Cindy R. Alexander (U.S. Securities and Exchange Commission) has posted On the Nature of the Reputational Penalty for Corporate Crime: Evidence on SSRN. Here is the abstract: Recent literature on optimal sanctions for corporations has focused on coordination and refinement...

Opinion in Smith v. Spisak

Posted on January 12, 2010
is here. Here is the syllabus: After the Ohio courts sentenced respondent Spisak to death and deniedhis claims on direct appeal and collateral review, he filed a federal habeas petition claiming that, at his trial?s penalty phase, (1) the in-structions...

"Terror Suspect?s Lawyer Asks for Dismissal of Case"

Posted on January 12, 2010
The New York Times article is here: A federal judge in Manhattan was asked on Monday to dismiss an indictment against a terror suspect whose lawyer argued that his nearly five-year detention in secret C.I.A. prisons and later at Guant�namo...

Sklansky on Hearsay

Posted on January 12, 2010
David Alan Sklansky (University of California, Berkeley - School of Law) has posted Hearsay's Last Hurrah (Supreme Court Review, Forthcoming) on SSRN. Here is the abstract: First, the hearsay rule has earned its unpopularity. It excludes too much probative evidence...

Transcript from Today's Argument in United States v. Comstock

Posted on January 12, 2010
is here.

Transcript from Today's Argument in Briscoe v. Virginia

Posted on January 11, 2010
is here.

USSC Reverses Habeas Grant in Case Attacking State's DNA Evidence

Posted on January 11, 2010
The per curiam opinion in McDaniel v. Brown is here, concluding that the Ninth Circuit erred in considering evidence extrinsic to trial in applying the sufficiency-of-evidence standard from Jackson v. Virginia. Justice Thomas filed a concurrence in which Justice Scalia...

DOJ Critiques Policies on Deadly Force in Calfornia City

Posted on January 11, 2010
The Los Angeles Times has the story on Inglewood here. Among the objections in Justice's 33-page letter: * Inglewood police routinely assigned certain types of excessive force investigations to supervisors who either wrote the initial incident report or approved it,...

Top-Ten Recent SSRN Downloads

Posted on January 10, 2010
are here. The usual disclaimers apply: Rank Downloads Paper Title 1 333 How Movies Created the Financial Crisis Larry E. Ribstein, University of Illinois College of Law, Date posted to database: November 3, 2009 [2nd last week] 2 203 Unlawful...

Next Week's Criminal Law and Procedure Arguments

Posted on January 09, 2010
Description of the issue is from ScotusWiki, which also has links to briefs and opinions below: Monday, Jan. 11 Briscoe v. Virginia (07-11191): If a state allows a prosecutor to introduce a certificate of a forensic laboratory analysis, without presenting...

Slobogin & Fondacaro on Juvenile Justice

Posted on January 08, 2010
Christopher Slobogin (Vanderbilt University - School of Law; pictured) and Mark R. Fondacaro (University of Florida, Dept of Pysch and Levin College of Law) have posted Juvenile Justice: The Fourth Option (Iowa Law Review, Vol. 95, No. 1, 2009) on...

Today's Criminal Law and Procedure Cert Grant

Posted on January 08, 2010
The case is Dolan v. United States. Here's the issue as described on ScotusBlog, which also includes links to the opinion below and the cert papers: "Whether a district court decision to enter a restitution order beyond the ninety-day time...

Thompson on Eyewitness Identification and State Courts

Posted on January 07, 2010
Sandra Guerra Thompson (University of Houston Law Center) has posted Eyewitness Identifications and State Courts as Guardians Against Wrongful Conviction (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: Despite a growing awareness that mistaken eyewitness...

"Polanski Urges Judge to Sentence Him in Absentia"

Posted on January 07, 2010
The New York Times article is here: The judge, Peter P. Espinoza, received the written request in an afternoon court session here, and scheduled a Jan. 22 hearing to review it. . . . In a December ruling, a panel...

Juvenile Justice: Passages, Prevention, and Intervention

Posted on January 07, 2010
This conference will be held Feb. 19-20 at the University of Florida. Plenary speakers are Geoffrey Canada, Founder and President, Harlem Children's Zone; and Shay Bilchik, Director, Center for Juvenile Justice Reform, Georgetown University Public Policy Institute, past president and...

Scallen on Confrontation of Children

Posted on January 06, 2010
Eileen A. Scallen (William Mitchell College of Law) has posted Coping with Crawford: Confrontation of Children and Other Challenging Witnesses (William Mitchell Law Review, Vol. 35, No. 4, 2009) on SSRN. Here is the abstract: In Crawford, Davis, and Hammon,...

DeGirolami on Interdictory Ideas

Posted on January 06, 2010
Marc O. DeGirolami (St. John's University School of Law) has posted The Excitement of Interdictory Ideas: A Response to Professor Anders Walker (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: This short piece on the...

Dubber on Treason

Posted on January 05, 2010
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The State as Victim: Treason and the Paradox of American Criminal Law on SSRN. Here is the abstract: The American law of treason has remained unchanged since the...

"Can the Police Now Use Thermal Imaging Devices Without a Warrant? A Reexamination of Kyllo in Light of the Widespread Use of Infrared Temperature Sensors"

Posted on January 05, 2010
Orin Kerr has this interesting post at The Volokh Conspiracy: "My bottom line: I?m not really sure, but there is a decent case to be made that the police can now use thermal imaging devices without a warrant consistently with...

"DOJ Issues Discovery Guidance for Federal Prosecutors"

Posted on January 05, 2010
From the Blog of Legal Times: Federal prosecutors today got a roadmap for handling discovery in criminal cases, guidance that stems from the failed prosecution of former Alaska Sen. Ted Stevens last year. The Justice Department on Jan. 4 issued...

"Wide detention power upheld"

Posted on January 05, 2010
The post is at ScotusBlog. In part: The D.C. Circuit Court, filling in some of the legal blanks left by the Supreme Court on the president?s power to detain terrorist suspects, on Tuesday upheld the broadest view the government has...

"Supreme Court case on prosecutorial immunity settled"

Posted on January 05, 2010
Jurist has the report here on the settlement in Pottawattamie County v. McGhee.

Robinson on Offense Grading

Posted on January 04, 2010
Paul H. Robinson (University of Pennsylvania Law School) has posted Report on Offense Grading in Pennsylvania (U of Penn Law School, Public Law Research Paper No. 10-01) on SSRN. Here is the abstract: The Pennsylvania Legislature's Senate Judiciary Committee and...

"Group Gives Up Death Penalty Work in Frustration"

Posted on January 04, 2010
Adam Liptak's column addressing the American Law Institute's stance is in the New York Times. In part: Some supporters of the death penalty said they welcomed the institute?s move. Capital sentencing ?is so micromanaged by Supreme Court precedents that a...

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