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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

"Four Chicago Policemen Admit to Robbing Suspects"

Posted on September 20, 2009
The A.P. story, which appears in the New York Times, provides additional detail on a rogue unit that stole "hundreds of thousands of dollars" from suspected criminals and once withheld insulin from a diabetic to get information about where to...

District Court Rejects Saving "Innocent" DNA Profile in CODIS but Declines to Apply Exclusionary Rule

Posted on September 19, 2009
FourthAmendment.com summarizes the case here, calling it "fascinating and important." The court quotes Professor Elizabeth Joh's concerns about creating a "backdoor to population-wide data banking." The 101-page opinion is here.

"Prisoner in Ohio Wins a Stay Against a Second Execution Attempt"

Posted on September 19, 2009
The story is in the New York Times. The article describes the "Hippocratic paradox": Dr. Jonathan I. Groner, a professor of medicine at Ohio State University, cites what he calls the Hippocratic paradox: it is doctors who are best qualified...

Lyke on Lawrence as an Eighth Amendment Case

Posted on September 19, 2009
Sheldon Bernard Lyke University of Chicago - Department of Sociology) has posted Lawrence as an Eighth Amendment Case: Sodomy and the Evolving Standards of Decency (William & Mary Journal of Women and the Law, Vol. 15, No. 3, 2009) on...

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Controversy Expected as Patriot Act Extension Considered

Posted on September 19, 2009
The story in the New York Times is entitled Battle Looms Over the Patriot Act. Without legislative extension by year's end, provisions would expire that expanded the FBI's power "to seize records and to eavesdrop on phone calls." A group...

"Experts: Defense in Yale killing has tough job"

Posted on September 19, 2009
The A.P. story is here. The lead: Defending a Yale lab technician charged with murder against what appears to be a mountain of forensic evidence might mean trying to convince jurors that the crime scene was contaminated because police didn't...

Henning on Enforcement and the SEC

Posted on September 18, 2009
Peter J. Henning (Wayne State University Law School) has posted Should the SEC Spin Off the Enforcement Division? on SSRN. Here is the abstract: The current environment is highly supportive of increased government regulation, particularly in the financial field...

"When Criminal Justice Systems Collide: Improving the European Arrest Warrant "

Posted on September 18, 2009
That's the title of a piece over at Jurist by Raneta Lawson Mack (Creighton University School of Law) exploring one of the difficulties caused by the co-existence of inquisitorial and accusatorial systems within the European Union.

Erickson on the Brain and the Law

Posted on September 18, 2009
Steven K. Erickson (University of Missouri School of Law) has posted Blaming the Brain on SSRN. Here is the abstract: Criminal law scholarship has recently become absorbed with the ideas of neuroscience in the emerging field of neurolaw. This mixture...

Inmate Ordered to Testify About Failed Execution

Posted on September 18, 2009
The story in the New York Times is here. The deposition is scheduled for Monday; the next execution attempt is scheduled for Tuesday. Attorneys will seek to block the execution on three grounds: "They will contend that seven days is...

Featured Download: Beale on Corporate Criminal Liability

Posted on September 17, 2009
Sara Sun Beale (Duke University School of Law) has posted A Response to the Critics of Corporate Criminal Liability (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: This essay responds to critics of corporate liability and to...

Kreit on A Public Health Approach to Drug Policy

Posted on September 17, 2009
Alex Kreit (Thomas Jefferson School of Law) posted Toward a Public Health Approach to Drug Policy (Advance: The Journal of the American Constitution Society Issue Groups, Vol. 3, No. 1, p. 43, 2009) on SSRN. Here is the abstract: This...

Guest Blogger Michael Perlin: Some Advice about Ignoring Advice about Collaborations

Posted on September 17, 2009
[Guest blogger Michael Perlin, an internationally recognized expert on mental disability law, is a professor of law at New York Law School.] Many years ago, when I began teaching (I had litigated for 13 years prior to changing careers, and...

Symposium Issue on MPC Sentencing

Posted on September 17, 2009
The Florida Law Review's September 2009 issue is a symposium on MPC sentencing featuring articles by Kevin Reitz, Doug Berman, Judge Michael Marcus, Christopher Slobogin (pictured), Nora Demleitner, Robert Weisberg, and Alice Ristroph. Professor Slobogin's introduction is available here...

Ohlin on Torture Lawyers

Posted on September 16, 2009
Jens David Ohlin (Cornell Law School) has posted The Torture Lawyers (Harvard International Law Journal, Forthcoming) on SSRN. Here is the abstract: One of the longest shadows cast by the Bush Administration?s War on Terror involves the fate of the...

Findlay on Recognizing a Victim Constituency in International Criminal Justice

Posted on September 16, 2009
Mark Findlay ( University of Sydney-Institute of Criminology) has posted Activating a Victim Constituency in International Criminal Justice (International Journal of Transitional Justice, Vol. 3, No. 2, 2009) on SSRN. Here is the abstract: Those who would like to see...

Hafemeister & Stockey on Criminal Responsibility of War Veterans with PTSD

Posted on September 16, 2009
Thomas L. Hafemeister (University of Virginia School of Law) and Nicole A. Stockey have posted Last Stand? The Criminal Responsibility of War Veterans Returning from Iraq and Afghanistan W ith Post-Traumatic Stress Disorder (Indiana Law Journal, Forthcoming) on SSRN...

"Officers? New Tool Against D.W.I.: Syringe"

Posted on September 16, 2009
This A.P. story ran in yesterday's New York Times, discussing a federal pilot program and some of the concerns expressed about it. Police officers are trained to draw blood at the scene of a traffic stop. Hat tip:FourthAmendment.com.

"Attorneys, Academics Sort Through Landmark Case on Computer Searches"

Posted on September 16, 2009
With the permission of BNA, Orin Kerr at The Volokh Conspiracy has posted this helpful story from the Criminal Law Reporter on the Ninth Circuit's recent and, in Professor Kerr's estimation, "remarkable" opinion in United States v. Comprehensive Drug Testing.

Featured Download: Bowman on the USSC's Sentencing Cases

Posted on September 15, 2009
The U.S. Supreme Court's vexing approach(es) to the question of how the federal constitution impacts structured sentencing systems is exhaustively and incisively explored in a manuscript by Frank O. Bowman III (University of Missouri School of Law) entitled Debacle: How...

Rittossa & Palalic with the Croatian Perspective on Secondary Victimisation of Sexually Abused Children

Posted on September 15, 2009
Dalida Rittossa (University of Rijeka) and Milana Trbojevic Palalic have posted Suppressing the Secondary Victimisation of Sexually Abused Children: A Croatian Perspective on SSRN. Here is the abstract: Sexual crimes against children have been considered as one of the heaviest...

Eisenberg, Hans and Colb on Prior Criminal Records, the Decision to Testify, and Trial Outcomes

Posted on September 15, 2009
Two pieces posted at The Legal Workshop address this topic. The first, by Theodore Eisenberg and Valerie P. Hans (both of Cornell Law School), is titled, Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record...

Raghunath on the 13th Amendment in Prisons

Posted on September 15, 2009
Raja Raghunath (University of Denver Sturm College of Law) has posted A Promise the Nation Cannot Keep: What Prevents the Application of the Thirteenth Amendment in Prison? (University of Denver Legal Studies Research Paper No. 09-22) on SSRN. Here is...

Kolber Presents "The Subjective Experience of Punishment" at NYU Today

Posted on September 15, 2009
CrimProf contributing editor Adam Kolber (my colleague here at the University of San Diego) is presenting The Subjective Experience of Punishment (Columbia Law Review, Vol. 109, p. 182, January 2009) today at New York University Law School. Here is the...

Botched Ohio Execution Leads to One-Week Stay

Posted on September 15, 2009
The execution team had trouble finding the vein of the condemned. Crime and Consequences has a post on this ("Execution Attempt in Vein") that links to the AP story. Doug Berman's post at Sentencing Law and Policy ("More on Ohio's...

Featured Download: Robinson, Goodwin & Reisig on the Disutility of Injustice

Posted on September 14, 2009
Paul H. Robinson (University of Pennsylvania Law School)(pictured), Geoffrey P. Goodwin (Dept. of Psychology, University of Pennsylvania), and Michael Reisig have posted The Disutility of Injustice on SSRN. It both presents original social science research and canvasses previous studies to...

Nelson on Requiring Reasonable Suspicion for Searches of Laptop Computers at the Border

Posted on September 14, 2009
John William Nelson (Samford University - Cumberland School of Law and University of East Anglia - Norwich Law School) has posted Border Confidential: Why Searches of Laptop Computers at the Border Should Require Reasonable Suspicion (American Journal of Trial Advocacy,...

The Perils of Drafting Imprecision: San Diego's Beach Booze Ban

Posted on September 14, 2009
Maybe it did not occur to the drafters that people floating on inner tubes are not technically on a beach. Or maybe the drafters were counting on the increased safety risk of drinking while floating to curb excessive consumption. But...

Borgers & Van Sliedregt on the Precautionary Principle in the Fight against Terrorism

Posted on September 14, 2009
Matthias J. Borgers (pictured) and Elies Van Sliedregt (both of VU University Amsterdam - Faculty of Law) have posted The Meaning of the Precautionary Principle for the Assessment of Criminal Measures in the Fight against Terrorism (Erasmus Law Review, Vol...

FBI Crime Stats Released

Posted on September 14, 2009
Both Jurist ("FBI report shows decrease in US violent crime for second straight year") and the New York Times ("Violent Crime Fell in 2008, F.B.I. Report Says") have coverage. The Times addresses the data from several perspectives, noting for example...

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