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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

Argument transcript in Connick v. Thompson

Posted on October 06, 2010
is here.

"Judge Bars Major Witness From Civilian Terrorism Trial"

Posted on October 06, 2010
The New York Times has the story: Minutes before a major terrorism trial was about to begin, a federal judge barred prosecutors in Manhattan on Wednesday from using a key witness. The government had acknowledged it learned about the witness...

Gray and Olive on foreign law and the Eighth Amendment

Posted on October 06, 2010
David C. Gray (pictured) (University of Maryland - School of Law) and Jessica M Olive have posted A Modest Appeal for Decent Respect (Federal Sentencing Reporter, Vol. 23, No. 1, p. 72, October 2010) on SSRN. Here is the abstract:...

Joh on DNA Theft

Posted on October 05, 2010
Elizabeth E. Joh (U.C. Davis School of Law) has posted DNA Theft: Recognizing the Crime of Nonconsensual Genetic Collection and Testing (Boston University Law Review, Vol. 91, 2011) on SSRN. Here is the abstract: The fact that you leave genetic...

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"Potent new report about prosecutorial misconduct in California"

Posted on October 05, 2010
Doug Berman at Sentencing Law and Policy excerpts this article from the National Law Journal headlined "Prosecutorial Misconduct Is Rarely Punished, Says New Study." The report, issued by the Northern California Innocence Project at Santa Clara University School of Law,...

Argument transcript in Michigan v. Bryant

Posted on October 05, 2010
is here.

Scheck on Professional and Conviction Integrity Programs

Posted on October 04, 2010
Barry Scheck (Benjamin N. Cardozo School of Law) has posted Professional and Conviction Integrity Programs: Why We Need Them, Why They Will Work, and Models for Creating Them (Cardozo Law Review, Vol. 31, No. 6, 2010) on SSRN. Here is...

Argument transcript in Abbott v. United States

Posted on October 04, 2010
is here.

Choo on Self-Incrimination and Human Rights

Posted on October 04, 2010
Andrew Choo (University of Warwick - School of Law) has posted Compelling the Provision of Information: The Privilege Against Self-Incrimination as a Human Right on SSRN. Here is the abstract: This chapter considers aspects of the privilege against self-incrimination...

Audio of Supreme Court arguments

Posted on October 04, 2010
Among others, Orin Kerr at The Volokh Conspiracy noted the Court's new policy of posting audio of all oral arguments on the Friday of the week in which the cases are argued, in addition to providing a written transcript on...

This week's criminal law and procedure arguments

Posted on October 04, 2010
Issue summaries from ScotusBlog: Today Abbott v. US; Gould v. US: A federal statute requires an additional five-year sentence for using a gun during certain drug trafficking crimes or crimes of violence, unless another statute provides a higher minimum sentence...

Top-Ten Recent SSRN Downloads

Posted on October 03, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 202 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...

Symposium on Brady and other disclosure obligations

Posted on October 02, 2010
Ellen Yaroshefsky (pictured) (Benjamin N. Cardozo School of Law) has posted Foreword - New Perspectives on Brady and Other Disclosure Obligations: What Really Works? on SSRN, and she and Jennifer Blasser (Benjamin N. Cardozo School of Law) have posted New...

Humbach on Teens, Porn, and Videogames

Posted on October 01, 2010
John A. Humbach (Pace University School of Law) has posted Teens, Porn and Videogames: Time to Rethink Ginsberg? on SSRN. Here is the abstract: This term the Supreme Court will decide whether states can constitutionally ban sales of violent videogames...

Cox on the Washington recidivist statute

Posted on October 01, 2010
Jennifer M. Cox has posted Life in Prison for Stealing $48? Rethinking Second Degree Robbery as a Strike Offense in Washington State (Seattle University Law Review, Forthcoming) on SSRN. Here is the abstract: The Washington State legislature should remove second...

"China not considering eliminating death penalty for corruption"

Posted on October 01, 2010
Jurist has this story, covering remarks by a legislator: Earlier this year, the Supreme People's Court of China issued new guidelines for limiting capital punishment in Chinese courts. The guidelines instruct courts to issue the death penalty only to those...

Readability, probation conditions, and Ronald Dworkin

Posted on October 01, 2010
My colleague, Shaun Martin (pictured), discusses the following case on readability of probation conditions over at California Appellate Report. In deciding the trial court could have done better, the court of appeal compares the trial court's prose with that of...

Charges and potential charges in Clementi case

Posted on October 01, 2010
The New York Times has this article discussing the case of the college student who committed suicide after becoming aware that his roommate had apparently streamed on the internet a video of the student having a homosexual encounter. Here is...

Orenstein on Prosecutorial Denial in Postconviction Cases of Actual Innocence

Posted on September 30, 2010
Aviva Orenstein (Indiana University Mauer School of Law) has posted Facing the Unfaceable: Dealing with Prosecutorial Denial in Postconviction Cases of Actual Innocence (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract: As this memorial volume illustrates, Fred...

Best-if-killed-by date on lethal drug and the California death penalty

Posted on September 30, 2010
The Los Angeles Times has this story: California's effort to carry out its first execution in nearly five years collapsed Wednesday when the state Supreme Court ended a furious legal battle, giving a convicted rapist and murderer a reprieve that...

L.A. Times inaugurates new crime database

Posted on September 30, 2010
The story is here: Both agencies, like many other police departments throughout the country, have long used computer mapping programs internally to detect crime patterns, develop strategies and determine how to deploy officers. In recent years they have been experimenting...

"Missing Man Looms Large in Murder Trial"

Posted on September 30, 2010
The New York Times has this interesting piece on a murder trial in New Haven, discussing the defense strategy of suggesting at the guilt phase that an accomplice is more culpable in hopes of affecting the jury's penalty recommendation: Putting...

"Rights groups urge Obama to halt use of local authorities in immigration enforcement"

Posted on September 30, 2010
Jurist has the story here, regarding this letter sent by more than 500 groups.

Stribopoulos on Low Visibility Encounters and Packer's Models

Posted on September 29, 2010
James Stribopoulos (Osgoode Hall Law School) has posted Packer's Blind Spot: Low Visibility Encounters and the Limits of Due Process vs. Crime Control on SSRN. Here is the abstract: This paper will proceed in three parts. In Part I, Packer?s...

Burke on Talking About Prosecutors

Posted on September 29, 2010
Alafair S. Burke (Hofstra University - School of Law) has posted Talking About Prosecutors (Cardozo Law Review, Vol. 31, p. 2119, 2010) on SSRN. Here is the abstract: This Article explores the narrative that the scholarly literature on wrongful convictions...

Iowa symposium on peremptory jury challenges: call for papers

Posted on September 29, 2010
The call for papers for this proposed symposium marking the 25th anniversary of Batson v. Kentucky follows the jump. A live symposium is anticipated for October 2011. CALL FOR PAPERS: FOR A PROPOSED SYMPOSIUM to mark the 25th anniversary of...

Today's crim law and procedure cert grants

Posted on September 28, 2010
Issue summaries are from ScotusBlog, which also links to cert documents and opinions below for some of the cases (and likely in all of the cases soon): Kentucky v. King: Under what circumstances can lawful police action impermissibly ?create? exigent...

Maroney on Adolescent Brain Science after Graham v. Florida

Posted on September 28, 2010
Terry A. Maroney (Vanderbilt Law School) has posted Adolescent Brain Science after Graham v. Florida (Notre Dame Law Review, Vol. 85, 2010) on SSRN. Here is the abstract: In Graham v. Florida, the Supreme Court held that the Eighth Amendment...

The Suspicious Activity Reporting Initiative

Posted on September 28, 2010
From an op-ed--generally favoring the program but noting objections--entitled "How to Spot a Terrorist" by John Farmer in the New York Times: Suspicious Activity Reporting begins at the troubling intersection where law enforcement meets intelligence. Its premise is that if...

The murder-manslaughter line in the news: conviction in Adenhart case

Posted on September 27, 2010
The Associated Press reports on today's conviction of the drunk driver who killed several persons, including a pitcher for a major-league baseball team: Prosecutors said they charged the case as a second-degree murder instead of the lesser charge of manslaughter...

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