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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

"U.S. Tries to Make It Easier to Wiretap the Internet"

Posted on September 27, 2010
From the New York Times: WASHINGTON ? Federal law enforcement and national security officials are preparing to seek sweeping new regulations for the Internet, arguing that their ability to wiretap criminal and terrorism suspects is ?going dark? as people increasingly...

Markel, Collins & Leib on Criminal Justice and Family Ties

Posted on September 27, 2010
Dan Markel , Jennifer M. Collins (pictured) and Ethan J. Leib (Florida State University College of Law , Wake Forest University - School of Law and University of California - Hastings College of the Law) have posted Privilege or Punish:...

"Should sex offenders get GPS before leaving prison?"

Posted on September 27, 2010
From today's San Diego Union-Tribune, questioning the California regime under which prisoners have one business day after release to report to their parole officer to get their GPS device: At least twice in the past month, sex offenders prompted multi-agency...

Top-Ten Recent SSRN Downloads

Posted on September 26, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 209 Status as Punishment: A Critical Guide to Padilla v. Kentucky Gabriel J. Chin, Margaret Colgate Love, University of Arizona James E. Rogers College of Law, Law Office of...

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Lee, Laube & Parness on State Crime Victim Recoveries

Posted on September 25, 2010
Laura Lee , Edmund Laube and Jeffrey A. Parness (pictured) (affiliation not provided to SSRN , affiliation not provided to SSRN and Northern Illinois University - College of Law) have posted State Crime Victim Recoveries (Cleveland State Law Review, 2010)...

Krishnan & Kumar on Speedy Trials in Comparative Perspective

Posted on September 25, 2010
Jayanth K. Krishnan (pictured) and C. Raj Kumar (Indiana University Maurer School of Law and O.P. Jindal Global University (JGU)) have posted Delay in Process, Denial of Justice: The Jurisprudence and Empirics of Speedy Trials in Comparative Perspective (Georgetown Journal...

Loewy on Fourth Amendment History, Purpose, and Remedies

Posted on September 24, 2010
Arnold H. Loewy (Texas Tech University School of Law) has posted The Fourth Amendment: History, Purpose, and Remedies on SSRN. Here is the abstract: In this article, Professor Loewy introduces the Fourth Amendment topics debated in the 2010 Texas Tech...

"DOJ asks appeals court to uphold ruling on Arizona immigration law"

Posted on September 24, 2010
Jurist has the story here.

"Murderer-rapist denied execution stay; execution set for Wednesday would be California's first in 5 years"

Posted on September 24, 2010
The L.A. Times has the story here. A federal judge on Friday denied a stay of execution for murderer-rapist Albert Greenwood Brown but gave the condemned man a choice whether to die Wednesday by a single injection or the state's...

"Poland prosecutors probing treatment of alleged USS Cole bomber at secret CIA prison"

Posted on September 23, 2010
Jurist has this story about a remedy sought by the subject of an extraordinary rendition.

"USA Today exposes a "pattern of serious, glaring misconduct" among federal prosecutors"

Posted on September 23, 2010
That's the post by Doug Berman at Sentencing Law and Policy, which extensively excerpts this article, which Doug accurately characterizes as "potent and disturbing." From the piece: Judges have warned for decades that misconduct by prosecutors threatens the Constitution's promise...

School Pays Damages after Searching Student's Cell Phone and Finding Nude Photos

Posted on September 23, 2010
FindLaw has the story here: A minor student from Pennsylvania, identified in the lawsuit as N.N., settled with Tunkhannock Area School District and school officials for $33,000. As is typical in settlements, the school did not acknowledged any wrongdoing in...

"As Hours Tick Away, Lawyers Plead Case of Woman Set to Die"

Posted on September 22, 2010
The New York Times has this story: ?She is clearly the head of this serpent,? the judge said of Teresa Lewis in 2003 when he sentenced her to death by lethal injection, describing her as the mastermind of the cold-blooded...

"City Officials Arrested in Los Angeles Suburb"

Posted on September 22, 2010
The article is in the New York Times: BELL, Calif. ? The investigators from the district attorney?s office showed up at the mayor?s house early Tuesday morning, arrest warrant and battering ram in hand, banging on the door. When the...

Harcourt on Risk Assessment and Racial Disparity in Prison Populations

Posted on September 21, 2010
Bernard E. Harcourt (University of Chicago - Law School) has posted Risk as a Proxy for Race (Criminology and Public Policy, Forthcoming) on SSRN. Here is the abstract: Today, an increasing chorus argues that risk-assessment instruments are a politically feasible...

Glockner & Engel on Role-Induced Bias in Court

Posted on September 20, 2010
Andreas Gl�ckner (pictured) and Christoph Engel (Max Planck Institute for Research on Collective Goods and Max Planck Institute for Research on Collective Goods) have posted Role Induced Bias in Court: An Experimental Analysis on SSRN. Here is the abstract: Criminal...

"Dashcam video catches officer in lies; 79 cases dropped"

Posted on September 20, 2010
FourthAmendment.com links to this story that should be of interest to those who are overly trusting of authority figures.

"Real-Time Security Cameras Link NYC Subway Hubs"

Posted on September 20, 2010
The New York Times has this A.P. story: NEW YORK (AP) -- Five hundred cameras installed in three of the city's busiest transit hubs started feeding live images to the police department's high-tech security network Monday and will be monitored...

Top-Ten Recent SSRN Downloads

Posted on September 19, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 198 Status as Punishment: A Critical Guide to Padilla v. Kentucky Gabriel J. Chin, Margaret Colgate Love, University of Arizona James E. Rogers College of Law, Law Office of...

Markel on the Confrontational Conception of Retributivism

Posted on September 18, 2010
Dan Markel (Florida State University College of Law) has posted What Might Retributive Justice Be? (RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY, Mark D. White, ed., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: There are many conceptions of...

Robinson on Abnormal Mental States and Murder

Posted on September 17, 2010
Paul H. Robinson (University of Pennsylvania Law School) has posted Abnormal Mental State Mitigations of Murder ? The U.S. Perspective on SSRN. Here is the abstract: This paper examines the U.S. doctrines that allow an offender's abnormal mental state to...

Fan on Police Gamesmanship and Criminal Procedure

Posted on September 17, 2010
Mary D. Fan (University of Washington - School of Law) has posted The Police Gamesmanship Dilemma in Criminal Procedure (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract: Police gaming of the rules is a perennial challenge for...

Controversy over Actual Innocence and Habeas

Posted on September 17, 2010
The L.A. Times has this story: An attorney for a man wrongly convicted of murder accused California Atty. Gen. Jerry Brown's office Thursday of waiting until after the November election to seek to return the man to prison on a...

Atkinson on the Fourth Amendment and Duties of Law-Abiding Citizens

Posted on September 16, 2010
L. Rush Atkinson V has posted The Bilateral Fourth Amendment and the Duties of Law-Abiding Persons (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: The Fourth Amendment protects the innocent only from ?unreasonable? searches. In lieu of the...

Henderson on Fourth Amendment Third-Party Doctrine

Posted on September 16, 2010
Stephen E. Henderson (Widener University School of Law) has posted The Timely Demise of the Fourth Amendment Third Party Doctrine (Iowa Law Review, Forthcoming) on SSRN. Here is the abstract: In what may be a slightly premature obituary, in this...

Wagner on Military Law as a Model for a General Federal Attempt Provision

Posted on September 16, 2010
Robert E. Wagner (Case Western Reserve University School of Law) has posted A Few Good Laws: Why Federal Criminal Law Needs a General Attempt Provision and How Military Law Can Provide One (University of Cincinnati Law Review, Vol. 78, p....

"Pretrial DNA Database Collection"

Posted on September 16, 2010
Kent Scheidegger at Crime and Consequences notes the Ninth Circuit's recent opinion upholding this practice and predicts the case will go en banc.

"U.S. Won't Seek Retrial of Former Merrill Lynch Official in Enron Case"

Posted on September 16, 2010
The Wall Street Journal has this story: In the latest twist in the government's multi-year prosecution of the Enron Corp. scandal, the Justice Department moved Wednesday to drop charges against a former Merrill Lynch & Co. official days before a...

"Blagojevich asks judge to override false statements conviction"

Posted on September 15, 2010
Jurist has the story here. The motion claims that insufficient proof was adduced on the sole count of conviction and that prosecutors engaged in "obstructionist objections" during defense cross-examination of prosecution witnesses.

Kerr on Overturned Caselaw and the Exclusionary Rule

Posted on September 15, 2010
Orin S. Kerr (George Washington University - Law School) has posted Good Faith, New Law, and the Scope of the Exclusionary Rule (Georgetown Law Journal, Vol. 99, 2011) on SSRN. Here is the abstract: Lower courts recently have divided on...

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