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Criminal Law

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Criminal law resources, information, and news for the academic community.

Post Frequency: 25.9/day

Last Entry: April 01, 2011 at 16:40:00

"For Judges, Lawyers and Fellow Jurors, the Challenges of Dealing With a Holdout"

Posted on November 22, 2010
This interesting article is in The New York Times: Jurors? notes in any number of cases have disclosed the infinite variety of holdout-induced frustration, including descriptions of chairs thrown and insults hurled. Holdouts can be oddballs and misfits...

Debate on Right to Remain Silent

Posted on November 22, 2010
Professors Charles Weisselberg (Berkeley) and Stephanos Bibas (Penn) engage in an online debate on the right to remain silent, discussing the Supreme Court?s decision in Berghuis v. Thompkins, at PENNumbra. From the summary: Professor Weisselberg . . ...

King & Proctor on Padilla's Puzzles

Posted on November 22, 2010
Nancy J. King (pictured) and Gray Proctor (Vanderbilt Law School and affiliation not provided to SSRN) have posted Post Padilla: Padilla?s Puzzles for Review in State and Federal Courts (Federal Sentencing Reporter, Vol. 23, No. 3, February 2011) on SSRN...

Top-Ten Recent SSRN Downloads

Posted on November 21, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 285 Good Faith, New Law, and the Scope of the Exclusionary Rule Orin S. Kerr, George Washington University - Law School, Date posted to database: September 11, 2010 2...

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"SCOTUS in decline in quality of work"

Posted on November 21, 2010
FourthAmendment.com links to Adam Liptak's column in The New York Times, which states in part: Judge Frank M. Hull of the federal appeals court in Atlanta complained that the privacy decision featured ?a marked lack of clarity,? and was almost...

Anderson on Innocence and Harmless Error

Posted on November 20, 2010
Helen A. Anderson (University of Washington - School of Law) has posted Revising Harmless Error: Making Innocence Relevant to Direct Appeals on SSRN. Here is the abstract: The direct appeal of a convicted defendant is almost never concerned with actual...

"Pat-Downs at Airports Prompt Complaints"

Posted on November 19, 2010
The New York Times story is here: In the three weeks since the Transportation Security Administration began more aggressive pat-downs of passengers at airport security checkpoints, traveler complaints have poured in. Some offer graphic accounts of genital contact, others tell...

Holbrook on Veterans' Courts and Criminal Responsibility

Posted on November 19, 2010
Justin G. Holbrook (Widener University School of Law) has posted Veterans? Courts and Criminal Responsibility: A Problem Solving History & Approach to the Liminality of Combat Trauma (YOUNG VETERANS: A RESILIENT COMMUNITY OF HONOR, DUTY & NEED, Diann Cameron Kelly,...

"Notable new publication on deterrence from The Sentencing Project"

Posted on November 19, 2010
Doug Berman has the story at Sentencing Law and Policy, discussing this project from The Sentencing Project entitled Deterrence in Criminal Justice: Evaluating Certainty versus Severity of Punishment by Dr. Valerie Wright.

"Verdict dims outlook for civilian trials of terrorism detainees"

Posted on November 19, 2010
From the Washington Post: What was a very bad day for Ahmed Ghailani, now a convicted felon likely to spend many years in a supermax prison, was also, because of the super-charged politics surrounding Guantanamo Bay, a pretty bad day...

Alderman & Lichstein on Discussing Ineffective Assistance Claims with Trial Counsel

Posted on November 18, 2010
Kim Alderman and Byron Lichstein (University of Wisconsin Law School and affiliation not provided to SSRN) have posted Pitfalls of Discussing IAC Claims with Trial Counsel (Wisconsin Law Journal, November 2010) on SSRN. Here is the abstract: This is the...

Saul on Criminality and Terrorism

Posted on November 18, 2010
Ben Saul (University of Sydney - Faculty of Law) has posted Criminality and Terrorism (COUNTER-TERRORISM, THE SECURITY IMPERATIVE AND THE RULE OF LAW, Katja Samuel et al., eds., World Justice Project: Nottingham University & Club of Madrid, Forthcoming) on SSRN...

"Federal judge denies motion for mistrial in ex-Guantanamo detainee trial"

Posted on November 18, 2010
Jurist has this story: The motion came after an anonymous juror's note was read in court, indicating that the juror was alone in her views and was being attacked for her conclusions [NYT report]. The juror requested to be removed...

Giannelli on Scientific Fraud

Posted on November 17, 2010
Paul C. Giannelli (Case Western Reserve University School of Law) has posted Scientific Fraud (Criminal Law Bulletin, Vol. 46, 2010) on SSRN. Here is the abstract: Although scientific fraud is rare, when it occurs, it needs to be identified and...

Sarma on Peremptory Challenges

Posted on November 17, 2010
Bidish Sarma (The Justice Center's Capital Appeals Project) has posted Response to 'Snyder v. Lousiana: Continuing the Historical Trend Towards Increased Scrutiny of Peremptory Challenges' (Michigan Law Review First Impressions, Vol. 109, p. 42, 2010) on SSRN...

"A Case of Dubious Federalization Reaches the Supreme Court"

Posted on November 16, 2010
Kent Scheidegger at Crime & Consequences weighs in on one of the Court's cert grants from Monday: The drug crimes and bank robbery that Fowler committed and conspired to commit prior to the killing are offenses under both state and...

"Indefinite Detention for KSM"

Posted on November 16, 2010
Jonathan Adler at The Volokh Conspiracy notes this article in the Washington Post: Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, will probably remain in military detention without trial for the foreseeable future, according to Obama...

"Poll Shows Growing Support for Alternatives to the Death Penalty; Capital Punishment Ranked Lowest Among Budget Priorities"

Posted on November 16, 2010
This press release is on the website of the Death Penalty Information Center: (Washington, D.C.) The Death Penalty Information Center today released the results of one of the most comprehensive studies ever conducted of Americans? views on the death penalty...

Sanchirico on Detection Avoidance and Enforcement Theory

Posted on November 16, 2010
Chris William Sanchirico (University of Pennsylvania Law School) has posted Detection Avoidance and Enforcement Theory: Survey and Assessment on SSRN. Here is the abstract: The conventional economic model of enforcement focuses on the cost and effect of the state?s efforts...

Opinion in firearm enhancement case

Posted on November 15, 2010
The opinion in Abbott v. United States is here. Here is the syllabus: Petitioners Abbott and Gould, defendants in unrelated prosecutions, were charged with drug and firearm offenses, including violation of18 U. S. C. �924(c), which prohibits using, carrying, or...

Today's crim law/procedure cert grants

Posted on November 15, 2010
Issue summaries are from ScotusBlog, which also links to opinions below and cert papers: Tolentino v. New York: whether an individual?s motor vehicle records cannot be used as evidence, if the police had consulted those records only after making an...

Top-Ten Recent SSRN Downloads

Posted on November 14, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 270 Good Faith, New Law, and the Scope of the Exclusionary Rule Orin S. Kerr, George Washington University - Law School, Date posted to database: September 11, 2010 2...

Thorburn on Criminal Law as Public Law

Posted on November 13, 2010
Malcolm Thorburn (Queen's University - Faculty of Law) has posted Criminal Law as Public Law on SSRN. Here is the abstract: In this chapter, I propose a novel way of justifying the practices of the criminal justice system ? a...

Larsen on Bargaining Inside the Black Box

Posted on November 13, 2010
Alli Orr Larsen (College of William and Mary) has posted Bargaining Inside the Black Box (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: When jurors are presented with a menu of criminal verdict options and they cannot reach...

Wright on Crime Predictions

Posted on November 12, 2010
Ronald F. Wright (Wake Forest University - School of Law) has posted Fragmented Users of Crime Predictions (Arizona Law Review, Vol. 52, No. 1, 2009) on SSRN. Here is the abstract: In this commentary on an article by Henderson, Wolfers,...

"Internet Stings & Modern Victims"

Posted on November 12, 2010
Crime and Consequences has this post on a current impossibility case from the Washington Supreme Court, upholding the conviction.

Veterans? Courts: The Return of the Abuse Excuse? (Dripps)

Posted on November 12, 2010
Writing in the Veteran?s Day edition of the New York Times, Ronald D. Castille, Chief Justice of the Pennsylvania Supreme Court, and a Viet Nam veteran himself, celebrates the growing movement to provide specialized courts for offenders with a record...

?Happy Birthday, Dear Murder Victim?

Posted on November 12, 2010
Eugene Volokh at The Volokh Conspiracy notes this recent Georgia Supreme Court case addressing the propriety of a prosecutor's producing a birthday cake and singing "Happy Birthday" to the child victim in a murder case. All the justices agreed that...

Benforado on Weapons and the Increasingly Dangerous Right to Self Defense

Posted on November 11, 2010
Adam Benforado (Drexel University - Earle Mack School of Law) has posted Quick on the Draw: Implicit Bias and the Second Amendment (Oregon Law Review, Vol. 89, No. 1, p. 1, 2010) on SSRN. Here is the abstract: African Americans...

"A Quantiative Look at Reasonable Doubt"

Posted on November 11, 2010
Eugene Volokh at The Volokh Conspiracy notes this post by Steve Landsburg at The Big Questions. After setting forth a hypo that might be fruitfully used in class to show how bad most folks are at estimating likelihood, Landsburg offers...

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