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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

Opinion elaborating on "second or successive" habeas petition

Posted on June 24, 2010
Magwood v. Patterson is here.

Opinions in honest services fraud cases

Posted on June 24, 2010
Skilling v. United States is here. Black v. United States is here. Wehyrauch v. United States is here.

"NACDL President Comments on Honest Services Trilogy"

Posted on June 24, 2010
Guest blogger Solomon L. Wisenberg has this post at White Collar Crime Prof Blog linking to the press release from the National Association of Criminal Defense Lawyers. From the press release: In Skilling, on which the Court relies in its...

Parsons on Local Regulations of Secondary Culprits

Posted on June 23, 2010
Jeffrey A. Parness (Northern Illinois University - College of Law) has posted Beyond Red Light Enforcement Against the Guilty But Innocent: Local Regulations of Secondary Culprits (Willamette Law Review, Vol. 47, No. 2, 2010) on SSRN. Here is the abstract:...

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"N.Y. May Mandate Taking DNA from All Criminals"

Posted on June 22, 2010
This A.P. story appeared at CBSNews.com, as noted by FourthAmendment.com. (AP) Gov. David Paterson has proposed roughly doubling New York's DNA database to include samples from even low-level offenders, making it the first in the nation to so broadly collect...

Caldwell & Allison on Multiple Counts in Business Robberies

Posted on June 22, 2010
Harry M. Caldwell (pictured) and Jennifer Allison (Pepperdine University - School of Law and Pepperdine University School of Law Library) have posted Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment (Idaho Law Review, Vol...

Richardson on Arrest Efficiency and the Fourth Amendment

Posted on June 21, 2010
L. Song Richardson (DePaul University College of Law) has posted Arrest Efficiency and the Fourth Amendment (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: In recent years, legal scholars have utilized the science of implicit social cognition to...

Today's criminal law/procedure cert grant

Posted on June 21, 2010
Issue summary is from ScotusBlog, which also links to briefs and the opinion below: Walker v. Martin: Whether, in federal habeas corpus proceedings, a state law under which a prisoner may be barred from collaterally attacking his conviction when the....

Opinion on constitutionality of statute prohibiting material support of terrorist organizations

Posted on June 21, 2010
Holder v. Humanitarian Law Project is here. Here is the syllabus: It is a federal crime to ?knowingly provid[e] material support or resources to a foreign terrorist organization.? 18 U. S. C. �2339B(a)(1).The authority to designate an entity a ?foreign...

Top-Ten Recent SSRN Downloads

Posted on June 20, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 380 Disentangling Child Pornography from Child Sex Abuse Carissa Byrne Hessick, Arizona State, Sandra Day O'Connor College of Law, Date posted to database: March 28, 2010 2 295 Padilla...

"?Smart on Crime? Mantra of Philadelphia Prosecutor"

Posted on June 19, 2010
The story is in the New York Times: PHILADELPHIA ? The new district attorney in violence-weary Philadelphia had vowed not to get tough on crime but to get ?smart on crime.? This month, R. Seth Williams began to make good...

Fedders on Ineffective Assistance in Juvenile Representation

Posted on June 18, 2010
Barbara Fedders (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Losing Hold of the Guiding Hand: Ineffective Assistance of Counsel in Juvenile Delinquency Representation (Lewis & Clark Law Review, Vol. 14, p. 771, 2010)...

"Life Sentences And Civil Death"

Posted on June 18, 2010
City Limits has this op-ed by Eric Deadwiley, which begins as follows: The powers that be are trying to make some sense of the extremely high unemployment rates blacks have here in New York State and across the country. Civil...

"Should Parents Be Jailed When Kids Drink?"

Posted on June 18, 2010
An interesting debate among various experts in The New York Times.

Green on Possession of Stolen Property

Posted on June 17, 2010
Stuart P. Green (Rutgers Law School-Newark) has posted Thieving and Receiving: (Over)Criminalizing the Possession of Stolen Property (New Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: Historically, Anglo-American law has treated the offense of receiving stolen property in...

Opinion on search of police officer's text messages

Posted on June 17, 2010
City of Ontario v. Quon is here. Here is the syllabus: Petitioner Ontario (hereinafter City) acquired alphanumeric pagers able to send and receive text messages. Its contract with its service provider, Arch Wireless, provided for a monthly limit on the...

Opinion limiting Booker decision on sentencing guidelines

Posted on June 17, 2010
Dillon v. United States is here. Here is the syllabus: In 1993, petitioner Dillon was convicted of, inter alia, crack and powder cocaine offenses, which produced a base offense level of 38 and a Guidelines range of 262-to-327 months? imprisonment....

"Shoot Me Now: Are firing squads a better means of execution than lethal injection?"

Posted on June 16, 2010
This article by Margot Sanger-Katz is at Slate. Particularly timely in light of Utah's plan to resurrect the firing-squad execution this Friday.

McCormack on Prosecuting Terrorism

Posted on June 16, 2010
Wayne McCormack (University of Utah - S.J. Quinney College of Law) has posted Prosecuting Terrorism - Models for Confronting Organized Violence on SSRN. Here is the abstract: This article reviews application of the two existing paradigms of law and crime...

"Governor Rebuffs Clemency Board in Murder Case"

Posted on June 15, 2010
Adam Liptak's column in the New York Times is here. In part: Mr. Kempfert is now certain that his father, William Macumber, is innocent. Arizona?s clemency board, citing Mr. Kempfert?s ?very moving testimony? and saying there had been ?a miscarriage....

"Mass State Court Rejects Collective Knowledge"

Posted on June 15, 2010
Ellen Podgar has the post on this important corporate liability issue at White Collar Crime Prof Blog.

2011 Innocence Network conference

Posted on June 15, 2010
This conference will be held in Cincinnati on April 8 to 10. The agenda has not yet been posted.

Today's criminal law/procedure review grants

Posted on June 14, 2010
Issue summaries are from ScotusBlog, which also links to briefs and opinions below. In the second case listed, the Court postponed further consideration of the jurisdictional question to the hearing of the case on the merits. Cullen v. Pinholster: (1)...

Opinion on equitable tolling of habeas filing deadline

Posted on June 14, 2010
Holland v. Florida is here. Here is the syllabus: Petitioner Holland was convicted of first-degree murder and sentenced to death in Florida state court. After the State Supreme Court affirmed on direct appeal and denied collateral relief, Holland filed a...

Opinion in restitution case

Posted on June 14, 2010
Dolan v. United States is here. Here is the syllabus: Petitioner Dolan pleaded guilty to assault resulting in serious bodily injury and entered into a plea agreement, which stated that the District Court could order restitution for his victim. Dolan?s...

Top-Ten Recent SSRN Downloads

Posted on June 13, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 358 Disentangling Child Pornography from Child Sex Abuse Carissa Byrne Hessick, Arizona State, Sandra Day O'Connor College of Law, Date posted to database: March 28, 2010 2 279 Padilla...

Newton on Reprisals

Posted on June 12, 2010
Michael A. Newton (Vanderbilt University - School of Law) has posted Reconsidering Reprisals (Duke Journal of Comparative & International Law, Vol. 20, No. 361, 2010) on SSRN. Here is the abstract: The prohibition on the use of reprisals is widely...

Ninth Circuit issues split decision in Barry Bonds steroids/perjury case

Posted on June 11, 2010
The opinion is here. The New York Times article is here.

"Rehnquist Was Asked to Review Wiretapping Program"

Posted on June 11, 2010
The story is in the New York Times: WASHINGTON ? The legal battle over the Bush administration?s program of eavesdropping without warrants has never reached the Supreme Court. But it may have come closer than previously known, as a result...

Mason on Pedophilia and Hate Crimes

Posted on June 10, 2010
Gail Mason (University of Sydney - Faculty of Law) has posted Prejudice and Paedophilia in Hate Crime Laws: Dunn v. R (Alternative Law Journal, Vol. 34, No. 4, pp. 253-256, 2009) on SSRN. Here is the abstract: This article considers...

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