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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

"Deal Averts Trial in Disputed Guantánamo Case"

Posted on October 26, 2010
From The New York Times: WASHINGTON ? A former child soldier being held at the military prison at Guantánamo Bay, Cuba, pleaded guilty on Monday to terrorism-related charges, averting the awkward prospect that he would be the first person to...

Schauer on Bentham on Presumed Offenses

Posted on October 26, 2010
Frederick Schauer (University of Virginia School of Law) has posted Bentham on Presumed Offenses on SSRN. Here is the abstract: In a rarely-discussed passage in the Principles of the Penal Code, Jeremy Bentham discussed a category of offenses he labeled...

Top-Ten Recent SSRN Downloads

Posted on October 25, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 195 The Diplomacy of Universal Jurisdiction: The Regulating Role of the Political Branches in the Transnational Prosecution of International Crimes Maximo Langer, University of California, Los Angeles (UCLA) -...

Bibas on Regulating Plea Bargaining

Posted on October 25, 2010
Stephanos Bibas (University of Pennsylvania Law School) has posted Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection on SSRN. Here is the abstract: Padilla v. Kentucky was a watershed in the Court?s turn to regulating plea bargaining...

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Kreit on Federal Drug Laws and State Reform

Posted on October 25, 2010
Alex Kreit (Thomas Jefferson School of Law) has posted Beyond the Prohibition Debate: Thoughts on Federal Drug Laws in an Age of State Reforms (Chapman Law Review, Vol. 13, p. 555, 2010) on SSRN. Here is the abstract: Nearly forty...

Lewis on Assisted Suicide and Prosecutors

Posted on October 24, 2010
Penney J. Lewis (King's College London) has posted Informal Legal Change on Assisted Suicide: The Policy for Prosecutors (Legal Studies (Online), October 13, 2010) on SSRN. Here is the abstract: Following the House of Lords? decision in Purdy, the Director...

Bronsteen, Buccafusco & Masur on Retribution and the Experience of Punishment

Posted on October 24, 2010
John Bronsteen (pictured), Christopher J. Buccafusco and Jonathan S. Masur (Loyola University Chicago School of Law , Chicago-Kent College of Law and University of Chicago - Law School) have posted Retribution and the Experience of Punishment (California Law Review, Forthcoming)...

Bellin on Crime Severity and the Fourth Amendment

Posted on October 22, 2010
Jeffrey Bellin (Southern Methodist University - Dedman School of Law) has posted Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World on SSRN. Here is the abstract: A growing body of commentary calls for the Supreme...

Blecker on LWOP

Posted on October 22, 2010
Robert Blecker (New York Law School) has posted Less than We Might: Meditations on Life in Prison Without Parole (Federal Sentencing Reporter, Vol. 23, No. 1, 2010) on SSRN. Here is the abstract: Today, death penalty opponents mostly claim life...

"Developments in Federal Search and Seizure Law"

Posted on October 21, 2010
FourthAmendment.com links to this document by Stephen R. Sady, chief deputy public defender for the District of Oregon, which canvasses recent authority with an eye toward identifying lower court precedents that might be helpful in representing criminal defendants.

"Efforts to Prosecute Blackwater Are Collapsing"

Posted on October 21, 2010
From The New York Times: WASHINGTON ? Nearly four years after the federal government began a string of investigations and criminal prosecutions against Blackwater Worldwide personnel accused of murder and other violent crimes in Iraq and Afghanistan, the cases are...

"Must-read speech from retired Justice Stevens about Harmelin Eight Amendment ruling"

Posted on October 21, 2010
Doug Berman at Sentencing Law and Policy discusses and points to the speech, available from the Court's website.

Slobogin on Psychological Syndromes and Criminal Responsibility

Posted on October 21, 2010
Christopher Slobogin (Vanderbilt Law School) has posted Psychological Syndromes and Criminal Responsibility on SSRN. Here is the abstract: These two papers both focus on the intersection of the law of evidence with criminal responsibility doctrine, using as a springboard my...

Jonakait on the Original Meaning of Reasonable Doubt and Other Procedural Rights

Posted on October 20, 2010
Randolph N. Jonakait (New York Law School) has posted Finding the Original Meaning of American Criminal Procedure Rights: Lessons from Reasonable Doubt's Development on SSRN. Here is the abstract: Lessons can be learned about finding the original meaning of American...

Streit & Chisholm on Increasing Sentencing Discretion

Posted on October 20, 2010
Kenneth Streit and John Chisholm have posted Sentencing Option: Why Restrict Judges? (Wisconsin Lawyer, Vol. 83, No. 9, September 2010) on SSRN. Here is the abstract: Dissatisfaction with parts of the indeterminate (parole) sentencing system led many states, including Wisconsin,...

Klingele, Scott & Dickey on Reimagining Criminal Justice

Posted on October 19, 2010
Cecelia M. Klingele , Michael Scott (pictured) and Walter Dickey (University of Wisconsin Law School , University of Wisconsin Law School and affiliation not provided to SSRN) have posted Reimagining Criminal Justice (Wisconsin Law Review, 2010) on SSRN...

"JetBlue Flight Attendant Accepts Plea Deal"

Posted on October 19, 2010
The story, from The New York Times, reports that Steven Slater pleaded guilty "to two charges of attempted criminal mischief, one a felony, one a misdemeanor, " and "agreed to enroll in an alternative sentencing program that requires him to...

"Average Homicide Cost Is $17.25M, Study Concludes"

Posted on October 19, 2010
FindLaw has this story from Iowa State University. On the methodology: An overwhelming majority of this high sum is the result of the amount of money citizens would be willing to pay to prevent future crime. The study also used...

"Officials Push to Bolster Law on Wiretapping"

Posted on October 19, 2010
From The New York Times: WASHINGTON ? Law enforcement and counterterrorism officials, citing lapses in compliance with surveillance orders, are pushing to overhaul a federal law that requires phone and broadband carriers to ensure that their networks can be wiretapped,...

Habeas, Pro and Con (Dripps)

Posted on October 18, 2010
For a truly excellent debate about federal habeas for state prisoners, compare Joseph L. Hoffman & Nancy J. King, Rethinking the Federal Role in State Criminal Justice, 84 N.Y.U. L. Rev. 791, 818-33 (2009) with John H. Blume, Sheri Lyn...

Today's crim law/procedure cert grant

Posted on October 18, 2010
Issue summary from ScotusBlog, which links to cert papers and the opinion below: Ashcroft v. al-Kidd: (1) Whether a former government official is entitled to absolute immunity from a claim that he used the material witness statute as a ?pretext?...

"California state bar to investigate 130 prosecutors following misconduct study by Innocence Project and Santa Clara law school"

Posted on October 18, 2010
John Steele has this post at Legal Ethics Forum. In part: I expect we'll hear a lot more news about this, that the prosecutors will fight back, that the prosecutors will feel that old matters that were argued years ago...

Top-Ten Recent SSRN Downloads

Posted on October 17, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 211 Palestine and the International Criminal Court: Asking the Right Question Michael G. Kearney, London School of Economics & Political Science (LSE) - Department of Law, Date posted to...

Gruber on a Distributive Theory of Criminal Law

Posted on October 16, 2010
Aya Gruber (University of Colorado Law School) has posted A Distributive Theory of Criminal Law (William and Mary Law Review, Vol. 52, No. 1, 2010) on SSRN. Here is the abstract: In criminal law circles, the accepted wisdom is that...

An insight into atrocity

Posted on October 16, 2010
The New York Times has this article headlined Accused G.I.'s Were Isolated From Officers: WASHINGTON ? Soldiers in an American Army platoon accused of murdering Afghan civilians for sport say they took orders from a ringleader who collected body parts...

"Family?s Effort to Clear Name Frames Debate on Executions"

Posted on October 15, 2010
The New York Times has this story: AUSTIN, Tex. ? It was an unusual hearing. The subject at the center of it all, Cameron Todd Willingham, was not present. After being convicted of murdering his three children in a 1991...

"DOJ to continue to prosecute drug crimes regardless of California vote: AP"

Posted on October 15, 2010
Jurist has this story about AG Holder's statement regarding Proposition 19.

Luna & Cassell on Mandatory Minimalism

Posted on October 14, 2010
Erik Luna (pictured) and Paul G. Cassell (Washington and Lee University - School of Law and University of Utah - S.J. Quinney College of Law) have posted Mandatory Minimalism (Cardozo Law Review, Vol. 32, p. 1, 2010) on SSRN. Here...

Hafemeister on Intimate Partner Violence

Posted on October 14, 2010
Thomas L. Hafemeister (University of Virginia School of Law) has posted If All You Have is a Hammer: Society?s Ineffective Response to Intimate Partner Violence on SSRN. Here is the abstract: After millennia of condoning and even encouraging intimate partner...

"Law Professors? Petition in Support of California Proposition 19"

Posted on October 14, 2010
Ilya Somin has this post at The Volokh Conspiracy, excerpting the petition itself and suggesting the following benefits of passage, notwithstanding the continuing federal prohibition: [F]ederal enforcement resources are limited. So Proposition 19 will greatly reduce the incidence of marijuana...

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