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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

"DOJ ends DeLay criminal probe without filing charges"

Posted on August 17, 2010
Jurist has this report.

Forman on School Searches

Posted on August 17, 2010
Sarah Jane Forman (Washington University School of Law in St. Louis) has posted Countering Criminalization: Toward a Youth Development Approach to School Searches on SSRN. Here is the abstract: This article focuses on one aspect of school disciplinary enforcement: the...

"Divided Jury Convicts Blagojevich of Single Count"

Posted on August 17, 2010
The story is at the New York Times site: CHICAGO ? Rod R. Blagojevich, the ousted former governor of Illinois, was convicted on Tuesday of making false statements to the Federal Bureau of Investigation, but the jury in the corruption...

Aviram, Seymour & Leo on Good Faith Doctrine

Posted on August 16, 2010
Hadar Aviram (pictured), Jeremy Seymour and Richard A. Leo (University of California, Hastings College of the Law , University of California, San Francisco - Hastings College of the Law and University of San Francisco - School of Law) have posted...

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Top-Ten Recent SSRN Downloads

Posted on August 15, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2641 Arizona Senate Bill 1070: A Preliminary Report Gabriel J. Chin, Carissa Byrne Hessick, Toni M. Massaro, Marc L. Miller, University of Arizona James E. Rogers College of Law,...

Jochnowitz on Claimed Error in Clemency Cases

Posted on August 14, 2010
Leona Deborah Jochnowitz (PhD Candidate, School of Criminal Justice, University at Albany) has posted Missed or Foregone Mitigation: Analyzing Claimed Error in Missouri Capital Clemency Cases (Criminal Law Bulletin, Vol. 46, No. 3, pp. 347-427, 2010 ) on SSRN...

Stinneford on Evolving Standards of Decency

Posted on August 14, 2010
John F. Stinneford (University of Florida Levin College of Law) has posted Evolving Away from Evolving Standards of Decency (Federal Sentencing Reporter, Vol. 23, No. 1, 2010) on SSRN. Here is the abstract: In Graham v. Florida, the Supreme Court...

Johnson on Objective Probability

Posted on August 13, 2010
Eric Alan Johnson (University of Illinois College of Law) has posted Knowledge, Risk, and Wrongdoing: The Model Penal Code's Forgotten Answer to the Riddle of Objective Probability on SSRN. Here is the abstract: In criminal cases, courts routinely say that...

"Blagojevich Jurors Still Can?t Agree"

Posted on August 13, 2010
From The New York Times: CHICAGO ? Jurors deliberating in the federal corruption trial of Rod R. Blagojevich, the former governor of Illinois, told the judge Thursday that they had not reached agreement on a majority of wire fraud charges,...

"Will Brain Science Develop Alternative Technologies for Interrogation?"

Posted on August 13, 2010
Kenneth Anderson at The Volokh Conspiracy excerpts this press release regarding work at Northwestern University.

"Cleared, and Pondering the Value of 27 Years"

Posted on August 13, 2010
The New York Times has the story: HOUSTON ? Since a judge let him out of prison for a rape that prosecutors now say he did not commit, Michael A. Green has had trouble sleeping. . . . He also...

Davis & Leo on the Three Prongs of the Confession Problem

Posted on August 12, 2010
Deborah Davis and Richard A. Leo (pictured) (University of Nevada, Reno and University of San Francisco - School of Law) have posted Three Prongs of the Confession Problem: Issues and Proposed Solutions (THE FUTURE OF EVIDENCE, Epstein, Jules, ed., Forthcoming)...

Gilles on the Supreme Court and Legal Uncertainty

Posted on August 12, 2010
Stephen G. Gilles (Quinnipiac University School of Law) has posted The Supreme Court and Legal Uncertainty (DePaul Law Review, Forthcoming) on SSRN. Here is the abstract: This essay is an outgrowth of a paper presented at the 16th Annual Clifford...

Data on NYC stop and frisk

Posted on August 11, 2010
The Center for Constitutional Rights today issued a press release reporting on data it receives pursuant to court order. It reports a 21 percent rise in stop and frisks in the second quarter of 2010, with 88 percent of the...

"Justice by the Numbers"

Posted on August 11, 2010
The New York Times has this op-ed by Amy Bach, author of "Ordinary Injustice: How American Holds Court." In part: America needs a ?justice index? to show how the essential aspects of our local courts are working. The index, compiled...

Sigler on the Methodology of Desert

Posted on August 11, 2010
Mary Sigler (Arizona State University - College of Law) has posted The Methodology of Desert (Arizona State Law Journal, Forthcoming) on SSRN. Here is the abstract: In a series of books and articles Paul Robinson (along with various coauthors) builds...

Hodgson & Roberts on Empirical Research in Criminal Justice

Posted on August 10, 2010
Jacqueline Hodgson (pictured) and Andrew Roberts (University of Warwick - School of Law and University of Warwick) have posted An Agenda for Empirical Research in Criminal Justice: Criminal Process and Prosecution on SSRN. Here is the abstract: Over the last...

Nicolas on Adultery Laws and Same-Sex Couples

Posted on August 10, 2010
Peter Nicolas (University of Washington School of Law) has posted The Lavender Letter: Applying the Law of Adultery to Same-Sex Couples and Same-Sex Conduct on SSRN. Here is the abstract: In this manuscript, I examine the question whether the law...

Alternative Court Systems symposium at University of Richmond

Posted on August 10, 2010
Legal Scholarship Blog notes this fall symposium planned for the University of Richmond, addressing "issues related to Family Court, Drug Court, Juvenile and Domestic Relations Court, Benefits, Effects on Recidivism, and all other relevant topics."

"US military judge rules Khadr confessions admissible at trial"

Posted on August 10, 2010
Jurist has the story, including links to the defense motion arguing that the confession resulted from threats of rape and death and news reports of the prosecution's claim that the confessions were not relied on to obtain subsequent statements.

"Honest Services Hypo"

Posted on August 09, 2010
is here, courtesy of Solomon L. Wisenberg at White Collar Crime Prof Blog, picking up on the suggestion that prosecutors will try to recast cases in the "bribe or kickback" paradigm.

Garrett on the Substance of False Confessions

Posted on August 09, 2010
Brandon Garrett (University of Virginia School of Law) has published The Substance of False Confessions at The Legal Workshop. It is based on an article that will appear in the Stanford Law Review. An excerpt: False confessions uncovered by DNA...

Top-Ten Recent SSRN Downloads

Posted on August 08, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2621 Arizona Senate Bill 1070: A Preliminary Report Gabriel J. Chin, Carissa Byrne Hessick, Toni M. Massaro, Marc L. Miller, University of Arizona James E. Rogers College of Law,...

Stuffs on Restorative Justice and Domestic Violence

Posted on August 07, 2010
Julie Stubbs (University of NSW - Faculty of Law) has posted Relations of Domination and Subordination: Challenges for Restorative Justice in Responding to Domestic Violence on SSRN. Here is the abstract: Restorative Justice (RJ) is often promoted as a response...

"CIA removed terror suspects from Guantanamo to avoid due process: AP"

Posted on August 07, 2010
Jurist points to and expands on this AP story: WASHINGTON ? Four of the nation's most highly valued terrorist prisoners were secretly moved to Guantanamo Bay, Cuba, in 2003, years earlier than has been disclosed, then whisked back into overseas...

Beale on Ewing v. California

Posted on August 06, 2010
Sara Sun Beale (Duke University - School of Law) has posted The Story of Ewing V. California: Three Strikes Laws and the Limits of the Eighth Amendment Proportionality Review (CRIMINAL LAW STORIES, Donna Coker, Robert Weisberg, eds., Foundation Press, Forthcoming)...

"England has worse crime rate than the US, says Civitas study"

Posted on August 06, 2010
Crime and Consequences excerpts this article from the London Telegraph. England and Wales has one of the worst crime rates among developed nations for rapes, burglaries and robberies, a major report has found. However, offenders are locked up for shorter...

"Defense Lawyers in Rubashkin Case Question Federal Judge's Ties to Prosecution"

Posted on August 06, 2010
From the BLT: ?The government?s own memoranda show that more than six months before the raid, Judge Linda Reade began a series of meetings in which she collaborated with the law-enforcement team that prosecuted the case against Sholom Rubashkin,? Lewin,...

Borgers & Stevens on the Use of Illegally Gathered Evidence in the Dutch Criminal Trial

Posted on August 06, 2010
Matthias J. Borgers and Lonneke Stevens (VU University Amsterdam and VU University Amsterdam) have posted The Use of Illegally Gathered Evidence in the Dutch Criminal Trial on SSRN. Here is the abstract: This report, written for the the XVIIIth International...

Lee on Reasonable Provocation and Self Defense

Posted on August 05, 2010
Cynthia Lee (George Washington University Law School) has posted Reasonable Provocation and Self-Defense: Recognizing the Disctincton between Act Reasonableness and Emotion Reasonableness (CRIMINAL LAW CONVERSATIONS, Paul H. Robinson, Stephen Garvey, Kimberly Ferzan, eds...

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