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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

"A California Court Debates the Good Faith Exception to the Exclusionary Rule post-Gant"

Posted on December 19, 2009
Lauren Altdoerffer has a post at Crime and Consequences, commenting on a California appellate court's decision in People v. Branner that the exclusionary rule did not prevent the use of evidence obtained by an officer relying on a rule of...

Yarussi & Smith on Sexual Violence in Custody

Posted on December 19, 2009
Jaime M. Yarussi and Brenda V. Smith (pictured) (both from American University Washington College of Law) have posted Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision on SSRN...

(Another) Cautionary Note on Wrongful Convictions

Posted on December 18, 2009
Findlaw reports in DNA Evidence Frees James Bain after 35 Years: James Bain spent more time in prison than any of the 245 inmates previously exonerated by DNA evidence nationwide. But today, Bain, 54, is a free man after 35...

"Number of death sentences falls to a historic low"

Posted on December 18, 2009
The Washington Post story is here: The number of executions in the United States increased this year, but the number of new death sentences handed down fell to the lowest total since capital punishment was reinstated in 1976, according to...

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Davis on Anti-Corruption Law and Developing Countries

Posted on December 18, 2009
Kevin E. Davis (New York University - School of Law) has posted Does the Globalization of Anti-Corruption Law Help Developing Countries? (INTERNATIONAL LAW, ECONOMIC GLOBALIZATION AND DEVELOPMENT, Julio Faundez and Celine Tan, eds., E. Elgar, 2010) on SSRN...

Schehr on Law School Pedagogy

Posted on December 18, 2009
Robert Carl Schehr (Northern Arizona-Criminology and Criminal Justice) has posted 'The Lord Speaks Through Me': Moving Beyond Conventional Law School Pedagogy and the Reasons for Doing So (International Journal of Clinical Legal Education, pp. 9-47, July 2009) on SSRN...

Tiefenbrun and Edwards on Sex Trafficking in China

Posted on December 17, 2009
Susan Tiefenbrun (pictured) and Christie J. Edwards (both of Thomas Jefferson School of Law) have posted Gendercide and the Cultural Context of Sex Trafficking in China (Fordham International Law Journal, Vol. 32, No. 3, p. 731, 2009) on SSRN. Here...

(Another) Cautionary Note for the CSI Generation

Posted on December 17, 2009
The New York Times has a story headlined Inquiry Condemns Oversight at State Police Crime Lab: The New York State Police?s supervision of a crime laboratory was so poor that it overlooked evidence of pervasively shoddy forensics work, allowing an...

"Intelligence Improperly Collected on U.S. Citizens"

Posted on December 17, 2009
The New York Times story is here, reporting on documents released in connection with a lawsuit filed by the Electronic Frontier Foundation. The documents show "several cases in the last several years in which the department?s intelligence office improperly collected...

Ford on the Effects of Peremptory Challenges

Posted on December 16, 2009
Roger A. Ford has posted Modeling the Effects of Peremptory Challenges on Jury Selection and Jury Verdicts (George Mason Law Review, Vol. 17, No. 377, Forthcoming) on SSRN. Here is the abstract: Although proponents argue that peremptory challenges make juries...

"Government Misconduct Results in Dismissal of Backdating Case"

Posted on December 16, 2009
Ellen Podgor has a post on the dismissal in the Broadcom prosecution here, including a link to the court's order. The A.P. story is here.

Dubber on the War on Terror and U.S. Criminal Law

Posted on December 16, 2009
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The War on Terror and U.S. Criminal Law on SSRN. Here is the abstract: This paper addresses the question of what impact the so-called ?new security agenda against...

Levy-Pounds on Impact of War on Drugs on African-American Families

Posted on December 15, 2009
Nekima Levy-Pounds (University of St. Thomas School of Law) has posted Can These Bones Live? A Look at the Impacts of the War on Drugs on Poor African-American Children and Families (Hastings Race & Poverty Law Journal, Forthcoming) on SSRN....

Psychopathy and Mitigation in a Capital Case

Posted on December 15, 2009
Steve Erickson at Crime and Consequences has this interesting post, commenting on this post by Kelly Lowenberg. In the case under consideration, The defense argued that Dugan suffers from psychopathy, a psychiatric disorder typified by antisocial behavior, impulsivity, and lack...

"Where does GPS tracking go from here?"

Posted on December 15, 2009
This interesting post at FourthAmendment,com comments on an equally interesting post by Orin Kerr at The Volokh Conspiracy on warrantless GPS surveillance.

Weekend Roundup

Posted on December 14, 2009
CrimProf posts you may have missed over the weekend: Friday Barak-Erez & Waxman on Secret Evidence and Terrorist Detentions Saturday "Brief: 'Honest services' law beyond saving" Siddique on Domestic Violence and Mandatory Arrest Policies Alexandre on Consent, Rape Law, and...

Bellin on Adverse Comment on Trial Silence

Posted on December 14, 2009
Jeffrey Bellin (Southern Methodist Univeresity) has posted Reconceptualizing the Fifth Amendment Prohibition of Adverse Comment on Criminal Defendants' Trial Silence (Ohio State Law Journal, forthcoming) on SSRN. Here is the abstract: The landmark case of Griffin v...

Argument Accelerated in Pending "Honest Services" Mail Fraud Case

Posted on December 14, 2009
ScotusBlog reports that the Court has moved up by three weeks (to March 1) the argument in Skilling v. United States, which is the third case that the Court will be hearing this Term on the ?honest services? provision of...

Today's Criminal Law and Procedure Cert Grants

Posted on December 14, 2009
Three cases were granted today; description of issues comes from ScotusBlog, which also has links to briefs and opinions below: City of Ontario v. Quon: (1) Whether a SWAT team member has a reasonable expectation of privacy in text messages...

"Liman Public Interest Colloquium March 4-5 Examines Prisons"

Posted on December 13, 2009
Yale Law School's press release is here and is republished after the jump. The Thirteenth Annual Liman Colloquium, ?Imprisoned,? will be held at Yale Law School on March 4 and 5, 2010. The Colloquium, co-sponsored by Yale Law School, the...

Murphy on Legality in Criminal Law and the European Court of Human Rights

Posted on December 13, 2009
Cian C. Murphy (City University London - City Law School) has posted The Principle of Legality in Criminal Law Under the ECHR on SSRN. Here is the abstract: This article critically analyses the case-law of the European Court of Human...

Sheyn on Epstein on Deferred and Non-Prosecution Agreements

Posted on December 13, 2009
Elizabeth R. Sheyn has posted Anything But a Racket: Why Professor Richard Epstein's Attack on the Nature and Function of Deferred and Non-Prosecution Agreements Misses the Mark on SSRN. Here is the abstract: In light of recent scandals involving companies...

"When California denies a murderer parole, should it need a reason?"

Posted on December 13, 2009
The L.A. Times has the story here, noting that "Eligible prisoners can't be refused early release just because of the gravity of their crimes -- 'some evidence' has to show the inmate would pose a threat to public safety, some...

"Without Honest Services, the Government Will Live"

Posted on December 13, 2009
Ellen Podgor at White Collar Crime Prof Blog has this post here, noting and commenting on some recent pieces addressing the topic of this past week's oral arguments and coming cases on the Court's docket.

Top-Ten Recent SSRN Downloads

Posted on December 13, 2009
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 302 The Emerging Criminal War on Sex Offenders Corey Rayburn Yung, The John Marshall Law School, Date posted to database: August 18, 2009 2 288 The Increased Level of...

Alexandre on Consent, Rape Law, and Non-Traditional Victims

Posted on December 12, 2009
Michele Alexandre (University of Mississippi) has posted 'Girls Gone Wild' and Rape Law: Revising the Contractual Concept of Consent & Ensuring an Unbiased Application of 'Reasonable Doubt' When the Victims is Non-Traditional (American University Journal of Gender, Social Policy &...

Siddique on Domestic Violence and Mandatory Arrest Policies

Posted on December 12, 2009
Zahra Siddique (Institute for the Study of Labor) has posted Partially Identified Treatment Effects Under Imperfect Compliance: The Case of Domestic Violence on SSRN. Here is the abstract: During the 1980s a set of randomized experiments were carried out to...

"Brief: 'Honest services' law beyond saving"

Posted on December 12, 2009
Lyle Denniston at ScotusBlog caps a big week for the issue by summarizing arguments made in the just-filed U.S. Supreme Court merits brief by Jeffrey Skilling's lawyers: One way to salvage the law, ?if the Court were inclined to complete...

Yale/Stanford Junior Faculty Forum

Posted on December 12, 2009
will be held June 18-19 in New Haven this year. Paper submissions are due by March 19, and papers on criminal law or procedure might fit under some of this year's topics. Details are here.

Barak-Erez & Waxman on Secret Evidence and Terrorist Detentions

Posted on December 11, 2009
Daphne Barak-Erez (Tel Aviv University) and Matthew C. Waxman (Columbia Law School) have posted Secret Evidence and the Due Process of Terrorist Detentions (Columbia Journal of Transnational Law, Vol. 48, No. 003, 2009) on SSRN. Here is the abstract: Courts...

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