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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

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

Posted on January 28, 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...

Chao on Interpreters

Posted on January 27, 2011
David H. Chao has posted Bifurcated Review of Interpreter Determinations Under the Court Interpreters Act (Connecticut Public Interest Law Journal, Vol. 10, No. 1, Fall-Winter 2010) on SSRN. Here is the abstract: Since the passage of the Court Interpreters Act...

Kempinen on Problem-Solving Courts

Posted on January 27, 2011
Ben Kempinen (University of Wisconsin Law School) has posted Problem-Solving Courts and the Defense Function: The Wisconsin Experience (Hastings Law Journal, Vol. 62, No. 5, 2011) on SSRN. Here is the abstract: Problem-solving courts have emerged as one of the...

Torture, Acquitted Counts Not Enough to Reduce Sentence for Ex-Detainee

Posted on January 26, 2011
From the New York Times: Ahmed Khalfan Ghailani, the first former detainee at Guantánamo Bay, Cuba, to be tried in the civilian court system, was sentenced to life in prison on Tuesday for his role in the 1998 bombings of...

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Ribstein on Prosecuting Crimes by Corporate Agents

Posted on January 26, 2011
Larry E. Ribstein (University of Illinois College of Law) has posted Agents Prosecuting Agents on SSRN. Here is the abstract: Significant questions have been raised concerning the efficiency of criminalizing agency costs and the problems of excessive prosecution of crimes...

Westen on Self Incrimination

Posted on January 25, 2011
Peter K. Westen (University of Michigan Law School) has posted Answer Self-Incriminating Questions or Be Fired (American Journal of Criminal Law, Vol. 37, No. 2, p. 97, Spring 2010) on SSRN. Here is the abstract: Can a public employee be...

Monasky on Comprehensive Prostitution Reform

Posted on January 24, 2011
Heather Monasky has posted On Comprehensive Prostitution Reform: Criminalizing the Trafficker and the Trick, But Not the Victim - Sweden?s Sexköpslagen in America (William Mitchell Law Review, Vol. 37, No. 4, Forthcoming) on SSRN. Here is the abstract: Sex trafficking...

Today's criminal law/procedure cert grants

Posted on January 24, 2011
Summaries from ScotusBlog, which includes links to papers and opinions below: Howes v. Fields: Whether this Court?s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always "in custody" for purposes of Miranda any time that...

Summary reversal in cases involving federal habeas relief based on alleged failure to apply state parole standard

Posted on January 24, 2011
The case is Swarthout v. Cooke. In part: In granting habeas relief based on its conclusion that the state courts had misapplied California?s "some evidence" rule, the Ninth Circuit must have assumed either that federal habeas relief is available for....

Top-Ten Recent SSRN Downloads

Posted on January 23, 2011
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 350 Post Padilla: Padilla?s Puzzles for Review in State and Federal Courts Gray Proctor, Nancy J. King, Fourth Circuit Court of Appeals, Vanderbilt University - Law School, Date posted...

Vollaard on Selective Incapacitation

Posted on January 22, 2011
Ben Vollaard (TILEC, Tilburg University) has posted Preventing Crime Through Selective Incapacitation on SSRN. Here is the abstract: Making the length of a prison sentence conditional on an individual?s offense history is shown to be a powerful way of preventing...

MTV's "Skins" and Child Pornography Laws (Kolber)

Posted on January 21, 2011
Yesterday, the New York Times ran a story about a popular new show on MTV called "Skins." Apparently, the show's producers "are particularly concerned about the third episode of the series, which is to be broadcast Jan. 31. In an...

University of Pennsylvania Criminal Law Research Group on Offense Grading in New Jersey

Posted on January 21, 2011
Paul H. Robinson (University of Pennsylvania Law School) and several students from the University of Pennsylvania Law School (Rebecca Levenson , Nicholas Feltham , Andrew Sperl , Kristen-Elise Brooks , Agatha Koprowski , Jessica Peake , Benjamin Probber and Brian...

"F.B.I. and Police Arrest More Than 100 in Mob Sweep"

Posted on January 20, 2011
This interesting piece is in the New York Times. In part: The arrests, including one expected in Italy, were based on 16 unrelated indictments handed up in federal courts in four jurisdictions. Taken together, they amounted to the largest such...

Opinion reversing ineffectiveness determination where counsel did not review blood evidence in planning strategy

Posted on January 20, 2011
The case is Harrington v. Richter. Here is the syllabus: In 1994, deputies called to drug dealer Johnson?s California home found Johnson wounded and Klein fatally wounded. Johnson claimed that he was shot in his bedroom by respondent Richter?s codefendant,...

Opinion reversing habeas on ineffective assistance grounds

Posted on January 20, 2011
The case is Premo v. Moore. Here is the syllabus: Respondent Moore and two accomplices attacked and bloodied Kenneth Rogers, tied him up, and threw him in the trunk of a car before driving into the Oregon countryside, where Moore...

Taslitz on Police Cognition

Posted on January 19, 2011
Andrew E. Taslitz (Howard University - School of Law) has posted Police are People Too: Cognitive Obstacles to, and Opportunities for, Police Getting the Individualized Suspicion Judgment Right on SSRN. Here is the abstract: Some Fourth Amendment scholars have embraced...

Transcript of oral argument on FOIA, criminal investigations, and corporations

Posted on January 19, 2011
The case is FCC v. AT&T Inc.

Featured download: Markel, Flanders & Gray on Hedonic Adaption and Criminal Theory

Posted on January 19, 2011
Dan Markel (pictured), Chad Flanders and David C. Gray (Florida State University College of Law , Saint Louis University - School of Law and University of Maryland - School of Law) have posted this intriguing contribution to the recent controversy...

Guggenheim on the Right to Counsel

Posted on January 18, 2011
Martin Guggenheim (New York University School of Law) has posted The People?s Right: Reimagining the Right to Counsel on SSRN. Here is the abstract: This Article re-imagines the Sixth Amendment?s right to counsel, which has been treated exclusively as an...

"Police Officers Committing Perjury in Testimony About Consent Searches?"

Posted on January 18, 2011
Orin Kerr has this post at The Volokh Conspiracy discussing this "fascinating" recent Florida appellate court opinion raising concerns about the adequacy of judicial assessment of police testimony. From the opinion: The judge may have punctiliously performed the duties of...

Yin on Independent Appellate Review in False Statement Cases

Posted on January 17, 2011
Tung Yin (Lewis & Clark Law School) has posted Independent Appellate Review of Knowledge of Falsity in Defamation and False Statements Cases (Berkeley Journal of Criminal Law, Vol. 15, pp. 330-392, 2011) on SSRN. Here is the abstract: Although we...

Top-Ten Recent SSRN Downloads

Posted on January 16, 2011
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 324 Post Padilla: Padilla?s Puzzles for Review in State and Federal Courts Gray Proctor, Nancy J. King, Fourth Circuit Court of Appeals, Vanderbilt University - Law School, Date posted...

Wagoner on Honest-Services Fraud and Skilling

Posted on January 15, 2011
Nicholas J. Wagoner has posted Honest-Services Fraud: The Supreme Court Defuses the Government's Weapon of Mass Discretion in Skilling v. United States (South Texas Law Review, Vol. 51, No. 4, 2010) on SSRN. Here is the abstract: For over two...

As close as we come to a criminal law/procedure argument next week

Posted on January 14, 2011
Issue summary from ScotusBlog, which also links to papers: Wednesday, Jan. 19 FCC v. AT&T: The Freedom of Information Act has an exception that permits the government to withhold information gathered during law enforcement investigations if disclosing the information would...

Slobogin on Technology and the Fourth Amendment

Posted on January 14, 2011
Christopher Slobogin (Vanderbilt Law School) has posted Is the Fourth Amendment Relevant in a Technological Age? on SSRN. Here is the abstract: This work will be a chapter in a forthcoming book in The Future of the Constitution series, edited...

Venue and State/Federal Prosecution Issues in Loughner Case

Posted on January 13, 2011
University of San Diego Law School alum Larry Burns has been selected to handle the case. An article in the Wall Street Journal addresses the venue and multiple prosecution issues.

Dubber on the Legality Principle in American and German Criminal Law

Posted on January 13, 2011
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History on SSRN. Here is the abstract: After briefly recounting the (non-) history of...

Smith, Cutler & Findley on the Influence of Screening by Innocence Projects

Posted on January 13, 2011
Andrew M. Smith , Brian L. Cutler and Keith A. Findley (pictured) (University of Ontario Institute of Technology (UOIT) , University of Ontario Institute of Technology (UOIT) and University of Wisconsin Law School) have posted An Investigation of Top-Down vs...

Argument transcript in exigent circumstances case

Posted on January 12, 2011
The case is Kentucky v. King.

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