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Criminal Law

Crime and Consequences

Criminal law issues from the perspective of victims of crime and the law-abiding public.
By Kent Scheidegger et al.

Post Frequency: 1.8/day

Last Entry: November 25, 2008 at 18:31:33

Blog Scan

Posted on June 10, 2008
O'Connor's Supreme Court Precedents: Marty Lederman has a post at Balkinization discussing the "five high-profile constitutional areas" where O'Connor's precedents are vulnerable to being overruled by the current U.S. Supreme Court. The five areas include abortion, "race conscious assignments and...

News Scan

Posted on June 10, 2008
Texas to Resume Executions Following Nationwide Pause: The Associated Press reports that, on Monday, the highest court in Texas turned aside an appeal to challenge the constitutionality of Texas's lethal injection procedures, allowing plans to move forward to execute Karl...

Who Is In Our State Prisons?

Posted on June 09, 2008
From the office of California State Senator George Runner comes this report, refuting some of the myths about the state's prison population. Everybody "knows" that our prison population per capita has exploded in the last ten years. No, actually, it....

News Scan

Posted on June 09, 2008
Crime Down in 2007: Preliminary figures reported by the FBI indicate that crime was down nationally in 2007. An Associated Press story by Michael J. Sniffen reports that violent crime declined by 1.4% and property crimes dropped by 2.3% last...

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No Crim Opinions from SCOTUS Today

Posted on June 09, 2008
SCOTUSblog reports that the Supreme Court has issued four opinions today, all in civil cases. The Court also granted certiorari in two civil cases. Next opinion day is Thursday. Two habeas cases were on SCOTUSblog's "petitions to watch" list for...

SCOTUS Schedule Shift

Posted on June 06, 2008
In an effort to decide more cases early in the term and fewer in June, the Supreme Court will hear three cases a day, rather than two, during the October and November argument sessions. Chief Justice Roberts acknowledged that this...

Blog Scan

Posted on June 06, 2008
Increasing Prison Population: Doug Berman at Sentencing Law and Policy has a post clarifying an ABC News Report that the "U.S. Prison Population Hits All-Time High". Berman clarifies the ABC story by linking to the the Justice Department's official press...

Blog Scan

Posted on June 05, 2008
Did the State Expressly Waive Exhaustion Defense to a Brady Claim?: Jonathan Adler at Volokh Conspiracy has this post on today's Sixth Circuit decision in D?Ambrosio v. Bagley. In the opinion, a divided three judge panel split over when in...

Blog Scan

Posted on June 04, 2008
Commentary on The Roberts Court: Jonathan Adler has this post reflecting on a plenary panel discussion he attended at the AALS Mid-Year Conference. The panel focused on ?The Changing Roberts Court?, and was Moderated by Lori Ringhand (UGeorgia). The panel...

News Scan

Posted on June 04, 2008
Virginia Spam: The Virginia Supreme Court reheard the First Amendment issues in the case of prolific spammer Jeremy Jaynes, reports Larry O'Dell for AP. Prior opinion here; rehearing order here. Guantanamo Is a Model Prison (Really): Admiral Mark Buzby refutes...

Research Notes

Posted on June 02, 2008
Fingerprint Breakthrough? "Forensic scientists at the University of Leicester, working with Northamptonshire Police, have announced a major breakthrough in crime detection which could lead to hundreds of cold cases being reopened," reports Science Daily...

Blog Scan

Posted on June 02, 2008
New Solicitor General: The Wall Street Journal's Law Blog posted today that President Bush intends to nominate Gregory Garre to replace Paul Clement as Solicitor General. Garre currently serves as Principal Deputy Solicitor General in the Office of the Solicitor...

Money Laundering, Lenity, GAAP, and the Narrowest Grounds

Posted on June 02, 2008
Understatement of the day award goes to Justice Samuel Alito: "There are no generally accepted accounting principles for determining the net income of illegal enterprises...." United States v. Santos, No. 06-1005 (today) (dissent). The splintered opinion involves more interesting issues...

Blog Scan

Posted on May 30, 2008
Justice Scalia's interviews with WSJ Law Blog: Dan Slater at the Wall Street Journal Law Blog posted on his interview with Justice Scalia today. All three parts relate to Justice Scalia's new book ?Making Your Case: The Art of Persuading...

News Scan

Posted on May 30, 2008
Escaped Inmate Caught After 43 Years: Associated Press reporter Brian Witte writes that Maryland police have captured convicted armed robber Willie ?Pops? Parker, who escaped from Maryland?s Eastern Correctional Camp in 1965. Parker, who is now 81, was tracked down...

News Scan

Posted on May 29, 2008
Former Illinois Governor George Ryan, who is serving a 6.5 year prison sentence for racketeering and corruption, lost his bid for a Supreme Court appeal Tuesday as reported by Chicago Tribune writer Mary Owen. Ryan, who became the darling of...

Blog Scan

Posted on May 29, 2008
Forensic Evidence in Criminal Trials: David Bernstein at Volokh Conspiracy posted some comments on the use of forensic evidence in criminal trials and Federal Rule of Evidence (FRE) 702. Bernstein discusses how expert witness testimony is supported by "Political Liberals"...

Blog Scan

Posted on May 28, 2008
More Commentary on Giles: In an article posted on FindLaw's Writ, Sherry F. Colb discusses Giles v. California, a case argued before the Supreme Court in April. Giles addresses whether the "forfeiture by wrongdoing" clause allows testimonial statements to be...

SCOTUScast on United States v. Williams

Posted on May 28, 2008
The Federalist Society has a SCOTUS podcast on the U.S. Supreme Court's May 19, 2008 decision in United States v. Williams. The SCOTUScast features commentary by Elizabeth Harmer Dionne, the John M. Olin Fellow in Law at Harvard Law School....

Virginia Execution

Posted on May 28, 2008
Jerry Markon at the Washington Post has this up to date story on Virginia's execution of Kevin Green. Green was scheduled to be executed by lethal injection last night at 9 p.m. EDT in Virginia. He was pronounced dead at...

Viewing SCOTUS Through a Partisan Glass, Darkly

Posted on May 27, 2008
Linda Greenhouse has this article in Friday's New York Times, asking, "Where have all the 5-to-4 decisions gone?" Her approach is to look at the court entirely on a simple, one-dimensional liberal v. conservative scale, as if there is nothing...

Blog Scan

Posted on May 27, 2008
Obama's Judicial Philosophy Analyzed: Jennifer Rubin at Pajamas Media has this post analyzing the potential results of Obama's judicial appointments based on his comments to the media on specific issues. Rubin is quick to point out that Obama claims his...

Death Penalty Links

Posted on May 27, 2008
Steve Stewart, prosecuting attorney of Clark County, Indiana, has updated his extensive collection of links on the death penalty. Check it out....

SCOTUS Today

Posted on May 27, 2008
No opinions in criminal cases were issued today. The Court did not take any new cases, criminal or civil, in its orders list. (Yawn.) Among the cases denied certiorari is Warner v. United States, No. 07-977. The codefendant on this...

News Scan

Posted on May 23, 2008
Maryland Death Penalty: Responding to calls by prosecutors and GOP legislators, Governor Martin O'Malley has reluctantly ordered the Maryland Department of Public Safety to review the state's lethal injection protocol and submit the recommended procedure to a legislative panel for...

News Scan

Posted on May 22, 2008
Murder Conviction Overturned: The Illinois Supreme Court has unanimously overturned the murder conviction and prison sentence of a Rockford man convicted of killing his girlfriend in 1993. A story in the Rockford Register Star by Aaron Chambers reports that the...

Stay Denied in Berry Case

Posted on May 21, 2008
Update: Berry was executed at 6:15 p.m. CDT, AP reports. That is 20 years and 6 months after he kidnapped Mary Bounds and beat her to death, far too long. --------------------------------------------------------------------------------- The Supreme Court has denied stays in the two...

Blog Scan

Posted on May 21, 2008
Effect of Blakely in Ohio: Doug Berman at Sentencing Law and Policy posted on the Ohio Supreme Court's decision in State v. Hairston, No. 2008-Ohio-2338 (Ohio May 21, 2008). The decision upheld a 134 year prison sentence for a man...

Program on Obstruction of Justice

Posted on May 21, 2008
May 29 event in DC by the Federalist Society and its Criminal Law and Procedure Practice Group: Every few months, a highly visible public figure or government official becomes embroiled in a criminal investigation that ultimately includes obstruction of justice...

Brain Scams

Posted on May 21, 2008
Daniel Carlat over at the Carlat Psychiatry Report has a post titled "Brain Scams: The Marketing of Functional Neuroimaging" discussing his recent article in Wired on the subject: Functional neuroimaging has great promise for elucidating the neurocircuitry of psychiatric disorders,...

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