Criminal Law

Nelson on Policing Race and Mental Status

Posted on February 11, 2011
Camille Nelson has posted Racializing Disability, Disabling Race: Policing Race and Mental Status (Berkeley Journal of Criminal Law, Vol. 15, p. 1, 2010) on SSRN. Here is the abstract: This article focuses on police practices in arresting and detaining criminal...

Hubachek on the Sixth Amendment and the Parsimony Provision

Posted on February 11, 2011
Steven F. Hubachek (Federal Defenders of San Diego, Inc.) has posted The Undiscovered Apprendi Revolution: The Sixth Amendment Consequences of an Ascendant Parsimony Provision (American Journal of Trial Advocacy, Vol. 33, No. 521, 2010) on SSRN. Here is the abstract:...

Featured download: Barry on Actual Innocence and Double Jeopardy

Posted on February 11, 2011
My colleague, Jordan Barry, has posted his interesting paper, Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause, on SSRN. Here is the abstract: In certain circumstances, a prisoner who challenges her conviction must convince a court that she...

Siegler & Sullivan on Eighth Amendment Challenges to Noncapital Sentences

Posted on February 10, 2011
Alison Siegler and Barry Sullivan (University of Chicago Law School and Loyola University Chicago School of Law) have posted 'Death is Different? No Longer: Graham v. Florida and the Future of Eighth Amendment Challenges to Noncapital Sentences (Supreme Court Review,...

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Wiseman on Innocence After Death

Posted on February 09, 2011
Samuel Wiseman (University of Tulsa College of Law) has posted Innocence After Death (Case Western Reserve Law Review, Vol. 60, 2011) on SSRN. Here is the abstract: Despite the rapidly growing innocence movement, five unusual innocence cases have escaped the...

New law and biosciences blog

Posted on February 09, 2011
is here. A description: The Law and Biosciences Daily Digest provides relevant summaries of legal opinions (civil and criminal) in which cognitive neuroscience or behavioral genetics evidence has been introduced. While there has been growing interest in the intersection of...

Dutch "Giant" Denied Accommodation (Kolber)

Posted on February 08, 2011
This morning in the Netherlands, the 6'9'', 500+ pound inmate I discussed earlier here and here was denied further accommodations to his conditions of confinement. You can also see a drawing of the dimensions of his prison cell (below) made...

Dervan on Plea Bargaining in the Shadow of Terror at Georgia State

Posted on February 08, 2011
Lucian E. Dervan (Southern Illinois) will present his article, The Surprising Lessons from Plea Bargaining in the Shadow of Terror, 27 Georgia State University Law Review 239 (2011), at Georgia State on Friday. Registration information is here. Here is the...

Sampsell-Jones on Preventive Detention, Character Evidence, and the New Criminal Law

Posted on February 07, 2011
Ted Sampsell-Jones (William Mitchell College of Law) has posted Preventive Detention, Character Evidence, and the New Criminal Law (Utah Law Review, Vol. 2010, No. 3, 2010) on SSRN. Here is the abstract: A new criminal law has emerged in the...

Harcourt on Reducing Mass Incarceration

Posted on February 07, 2011
Bernard E. Harcourt (University of Chicago - Law School) has posted Reducing Mass Incarceration: Lessons from the Deinstitutionalization of Mental Hospitals in the 1960s on SSRN. Here is the abstract: In 1963, President Kennedy outlined a federal program designed to...

Bird Kills Man

Posted on February 07, 2011
From AP, courtesy of the San Diego Union-Tribune: DELANO, Calif. ? A California man attending a cockfight has died after being stabbed in the leg by a bird that had a knife attached to its own limb. The Kern County...

Gray & Huber on Retribution for Progressives

Posted on February 06, 2011
David C. Gray (pictured) (University of Maryland - School of Law) and Jonathan J. Huber have posted Retributivism for Progressives: A Response to Professor Flanders (Maryland Law Review, Vol. 70, No. 141, 2010) on SSRN. Here is the abstract: In...

Top-Ten Recent SSRN Downloads

Posted on February 06, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 259 Plan Now or Pay Later: The Role of Compliance in Criminal Cases Charlotte Simon, Ryan D. McConnell, Jay Martin, University of Houston...

Slate on "The Subjective Experience of Punishment" (Kolber)

Posted on February 04, 2011
Chris Beam at Slate has written a piece entitled, "Hard Time," about the so-called "giant" Dutch prisoner who is challenging his comparatively tiny conditions of confinement under the European Convention on Human Rights. (See also here). Beam also describes some...

Levenson on Redrafting the ABA Standards of Conflicts in Criminal Cases

Posted on February 04, 2011
Laurie L. Levenson (Loyola Law School Los Angeles) has posted Conflicts Over Conflicts: Challenges in Redrafting the ABA Standards for Criminal Justice on Conflicts of Interest on SSRN. Here is the abstract: Currently, an ABA Task Force faces the considerable...

Bergelson on Strict Liability and Affirmative Defenses

Posted on February 04, 2011
Vera Bergelson (Rutgers Law School - Newark) has posted A Fair Punishment for Humbert Humbert: Strict Liability and Affirmative Defenses (New Criminal Law Review, Vol. 14, No. 1, Winter 2011) on SSRN. Here is the abstract: In this article, I...

"Forcible rape" in the new abortion legislation

Posted on February 03, 2011
Two recent posts--one at The Huffington Post and one at the Washington Post's PostPartisan blog--address the question of whether the proposed federal legislation, which limits abortion funding to cases of "forcible rape," is intented to and should distinguish among the...

Green on Leading Issues in Criminal Justice

Posted on February 03, 2011
Bruce A. Green (Fordham University School of Law) has posted Criminal Justice ? What?s Ahead? Roadblocks and New Directions (Criminal Justice, Vol. 25, p. 4, 2011) on SSRN. Here is the abstract: The leadership of the ABA Criminal Justice Section...

Hughes on Proliferation of Criminal Law

Posted on February 02, 2011
Jula Hughes (University of New Brunswick Faculty of Law) has posted Restraint and Proliferation in Criminal Law (Review of Constitutional Studies, Vol. 15, No. 1, 2010) on SSRN. Here is the abstract: This paper considers why the criminal law continues...

Rapping on Indigent Defense

Posted on February 02, 2011
Jonathan Rapping (Atlanta's John Marshall Law School) has posted National Crisis, National Neglect: Realizing Justice Through Transformative Change (Journal of Law and Social Change, Vol. 13, p. 331, 2009-2010) on SSRN. Here is the abstract: Since the Supreme Court decided...

Duncan on "Qualified" Notice-and-Demand Statutes

Posted on February 01, 2011
Samuel M. Duncan has posted 'Qualified' Notice-and-Demand Statutes Unconstitutionally Eliminate a Criminal Defendant?s Sixth Amendment Right to 'True' Confrontation: Live Testimony from Witnesses (Hamline Law Review, Vol. 34, 2011) on SSRN. Here is the abstract: This Article contends that "qualified"...

Hodgson on Prosecutors in France

Posted on February 01, 2011
Jacqueline Hodgson (University of Warwick - School of Law) has posted The French Prosecutor in Question (Washington and Lee Law Review, Vol. 67, p. 1361, 2010) on SSRN. Here is the abstract: Both the pre-trial and dispositive roles of the...

Gless on the exclusionary rule in Germany

Posted on January 31, 2011
Sabine Gless (University of Basel) has posted Truth or Due Process? The Use of Illegally Gathered Evidence in Criminal Trials - Germany on SSRN. Here is the abstract: Theories of admissibility of evidence provide insights into concepts that ensure the...

The Subjective Experience of Being a "Giant" in Prison (Kolber)

Posted on January 31, 2011
According to this BBC article, a 6' 9'', 500+ pound Dutch prisoner is arguing that keeping him in an ordinary cell violates the European Convention on Human Rights. The issue relates to a more general phenomenon that I discuss in...

Wexler on Therapeutic Jurisprudence and the Sentencing Guidelines

Posted on January 31, 2011
David B. Wexler (University of Puerto Rico - School of Law) has posted Advice for the U.S. Sentencing Commissioners: The Relevance of Therapeutic Jurisprudence and its Literature (Federal Sentencing Reporter, Vol. 23, 2011) on SSRN. Here is the abstract: This...

Top-Ten Recent SSRN Downloads

Posted on January 30, 2011
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 238 Plan Now or Pay Later: The Role of Compliance in Criminal Cases Charlotte Simon, Ryan D. McConnell, Jay Martin, University of Houston - Law Center, Haynes and Boone...

Pabsdorff, Rytterbro, Sambou & Uotila on Victim-Offender Mediation

Posted on January 29, 2011
Mari-Louise Pabsdorff (pictured), Lise-Lotte Rytterbro , Saija Sambou and Erika Uotila (University of Oslo - Department of Criminology and Sociology of Law , Stockholm University , affiliation not provided to SSRN and affiliation not provided to SSRN) have posted Victim-Offender...

Achutti on Restorative Justice

Posted on January 29, 2011
Daniel Achutti (Institute for Criminology and Alterity has posted The Strangers in Criminal Procedure: Restorative Justice as a Possibility to Overcome the Simplicity of the Modern Paradigm of Criminal Justice on SSRN. Here is the abstract: The present paper addresses...

Federalist Society Criminal Law and Procedure Practice Group facebook page

Posted on January 28, 2011
Crime and Consequences links to this new page.

"An Equilibrium-Adjustment Theory of the Fourth Amendment"

Posted on January 28, 2011
Orin Kerr has this post at The Volokh Conspiracy on his new article, which you can find here. Here's the abstract: Fourth Amendment law is often considered a theoretical embarrassment. The law consists of dozens of rules for very specific...

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