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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

Dempsey on Negligence Liability

Posted on June 10, 2010
Michelle Madden Dempsey (Villanova University School of Law) has posted The Object of Criminal Responsibility on SSRN. Here is the abstract: This short essay critiques Larry Alexander and Kim Ferzan?s argument against negligence liability, focusing in particular on the authors?...

"DAs for Cal. AG"

Posted on June 10, 2010
Kent Scheidegger at Crime and Consequences has this post about the winners of yesterday's primaries for the Republican and Democratic nominations for A.G. Both candidates have been criticized--the Republican for his lack of enthusiasm for the three-strikes law, and the...

Frase on Sentencing and Comparative Theory

Posted on June 09, 2010
Richard S. Frase (University of Minnesota Law School) has posted Sentencing and Comparative Theory (CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT: ESSAYS IN HONOUR OF PROFESSOR MIRJAN DAMASKA, Chapter 18, John Jackson, Máximo Langer, Peter Tillers, eds...

Robbins on Ghostwriting for Pro Se Prisoners

Posted on June 09, 2010
Ira P. Robbins (American University - Washington College of Law) has posted Ghostwriting: Filling in the Gaps of Pro Se Prisoners' Access to the Courts (Georgetown Journal of Legal Ethics, Vol. 23, No. 2, pp. 271-321, 2010) on SSRN. Here...

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Chin, Hessick, Massaro, and Miller on Arizona's Immigration Law

Posted on June 08, 2010
Gabriel J. Chin (pictured left), Carissa Byrne Hessick (pictured right), Toni M. Massaro and Marc L. Miller (University of Arizona James E. Rogers College of Law , Arizona State, Sandra Day O'Connor College of Law , University of Arizona College...

Court certifies question on sex offender statute to Montana Supreme Court

Posted on June 07, 2010
The per curiam opinion in United States v. Juvenile Male is here. The certified question: Is respondent?s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision...

Opinion on calculation of good-time credits

Posted on June 07, 2010
Barber v. Thomas is here. Here is the syllabus: The federal sentencing statute at issue provides that a ?prisoner . . . serving a term of imprisonment of more than 1 year . . . may receive credit toward the...

Fox on the Right to Silence

Posted on June 06, 2010
Dov Fox has posted The Right to Silence Protects Mental Control (LAW AND NEUROSCIENCE, CURRENT LEGAL ISSUES, Vol. 13, M. Freeman, ed., Oxford University Press, 2010) on SSRN. Here is the abstract: This chapter argues that a right of mental...

"Extending Probation Sentence Without Proof Beyond a Reasonable Doubt?"

Posted on June 04, 2010
Eugene Volokh at The Volokh Conspiracy comments on the Eleventh Circuit's recent opinion in United States v. Cunningham. In part: But what I don?t understand is how the judge could lawfully sentence Cunningham to a new probation term that extends...

Lavitt on Decision Making by the OLC

Posted on June 04, 2010
Joseph Lavitt (adjunct professor, University of California, Berkeley - School of Law) has posted Professionalism and Power: Flawed Decision Making by the OLC Exposes a Bar that is Losing its Moxie (California Law Review Circuit, Vol. 1, p. 33, 2010)....

"More coverage of psychopathy censorship controversy"

Posted on June 03, 2010
This post at In the News canvasses the "controversy over Robert Hare's attempt to block publication of a peer-reviewed article critical of his psychopathy construct." The instrument is widely used by forensic psychologists in sexually violent predator cases...

Allen on the Relative Plausibility Theory in Criminal Cases

Posted on June 03, 2010
Ronald J. Allen (Northwestern University Law School) has posted No Plausible Alternative to a Plausible Story of Guilt as the Rule of Decision in Criminal Cases (PROOF AND STANDARDS OF PROOF IN THE LAW, Juan Cruz, Larry Laudan, eds., 2010)...

Dempsey on Marshall and Duff's "Criminalization and Sharing Wrongs"

Posted on June 03, 2010
Michelle Madden Dempsey (Villanova University School of Law) has posted Sharing Reasons for Criminalization? No Thanks?Already Got ?Em! on SSRN. Here is the abstract: This short essay critiques Sandra Marshall and Antony Duff?s seminal work, ?Criminalization and Sharing Wrongs,? by...

Gould & Leo on Wrongful Convictions

Posted on June 02, 2010
Jon B. Gould and Richard A. Leo (pictured) (George Mason University - School of Public Policy and University of San Francisco - School of Law) have posted One-hundred Years of Getting It Wrong? Wrongful Convictions After a Century of Research...

Opinion limiting federal sex offender statute to those travelling in interstate commerce after effective date

Posted on June 01, 2010
Carr v. United States is here. Here is the syllabus: Enacted in 2006, the Sex Offender Registration and Notification Act (SORNA) makes it a federal crime for, inter alia, any person (1) who ?is required to register under [SORNA],? and...

Opinion rejecting Miranda claim

Posted on June 01, 2010
Berghuis v. Thompkins is here. Here is the syllabus: After advising respondent Thompkins of his rights, in full compliance with Miranda v. Arizona, 384 U. S. 436, Detective Helgert and another Michigan officer interrogated him about a shooting in which...

Stern on Homes and the Fourth Amendment

Posted on May 31, 2010
Stephanie Stern (Chicago-Kent College of Law) has posted The Inviolate Home: Housing Exceptionalism in the Fourth Amendment (Cornell Law Review, Vol. 95, 2010) on SSRN. Here is the abstract: This Article challenges Fourth Amendment housing exceptionalism...

Top-Ten Recent SSRN Downloads

Posted on May 30, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 324 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 [2nd last week]...

Luban on the Conscience of a Prosecutor

Posted on May 30, 2010
David J. Luban (Georgetown University Law Center) has posted The Conscience of a Prosecutor (Valparaiso University Law Review, Forthcoming) on SSRN. Here is the abstract: This essay, a version of the 2010 Tabor Lecture at Valparaiso Law School, examines issues...

Brown on Controlling Criminal Law

Posted on May 28, 2010
Darryl K. Brown (University of Virginia - School of Law) has posted Can Criminal Law Be Controlled? (Michigan Law Review, Vol. 108, No. 6, 2010) on SSRN. Here is the abstract: Criminal law has long included far too many crimes...

Logan on Justice O'Connor's Atwater Dissent

Posted on May 28, 2010
Wayne A. Logan (Florida State University - College of Law) has posted Reasonableness as a Rule: A Paean to Justice O'Connor's Dissent in Atwater v. City of Lago Vista (Mississippi Law Journal, Vol. 79, p. 115, 2009) on SSRN. Here...

Perry & Weimann-Saks on Stealing Sunshine

Posted on May 27, 2010
Ronen Perry (pictured) and Dana Weimann-Saks (University of Haifa - Faculty of Law and University of Haifa) have posted Stealing Sunshine on SSRN. Here is the abstract: ?Stealing Sunshine? is a trial advocacy technique whereby an attorney discloses, in the...

Buchhandler-Raphael on Sexual Abuse of Power

Posted on May 27, 2010
Michal Buchhandler-Raphael has posted Sexual Abuse of Power (University of Florida Journal of Law and Public Policy) on SSRN. Here is the abstract: This Article argues that sexual abuses of power stemming from professional and institutional relationships justify criminalization...

Goldman on the Criminalization of Genocide

Posted on May 26, 2010
Stanley A. Goldman (Loyola Law School Los Angeles) has posted The Jew Who Met Himmler and Other Stories (Loyola of Los Angeles International and Comparative Law Review, Vol. 32, p. 109, 2009) on SSRN. Here is the abstract: In this...

Pillsbury on Doubt in Criminal Judgment

Posted on May 26, 2010
Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted Fear and Trembling in Criminal Judgment (Ohio State Journal of Criminal Law, Vol. 2, 2010) on SSRN. Here is the abstract: This review describes James Whitman's argument that the beyond...

Simons on Retributivism Refined

Posted on May 25, 2010
Kenneth W. Simons (Boston University - School of Law) has posted Retributivism Refined - Or Run Amok? (University of Chicago Law Review, Vol. 77, Forthcoming) on SSRN. Here is the abstract: What would the criminal law look like if we...

Kerr on Third-Party Doctrine in the Fourth Amendment

Posted on May 25, 2010
Orin S. Kerr (George Washington University - Law School) has posted Defending the Third-Party Doctrine: A Response to Epstein and Murphy (Berkeley Technology Law Journal, Vol. 24, 2009) on SSRN. Here is the abstract: This is a brief response to...

Silva on Expungements and Pardons

Posted on May 25, 2010
Lahny R. Silva has posted Clean Slate: Expanding Expungements & Pardons For Non-Violent Federal Offenders (University of Cincinnati Law Review, Forthcoming) on SSRN. Here is the abstract: Over the past forty years, the United States Congress has passed legislation expanding...

"Private Prosecutors v. Private Prosecutions"

Posted on May 25, 2010
Kent Scheidegger has this post at Crime and Consequences fleshing out the Court's dismissal in Robertson v. U.S. ex rel Watson, previously reported here and involving a private prosecution for criminal contempt.

Cert dismissed as improvidently granted in contempt case

Posted on May 24, 2010
Robertson v. U.S. ex rel Watson is here. The issue presented was previously summarized here, from ScotusWiki: Whether an action for criminal contempt in a congressionally created court may constitutionally be brought in the name and pursuant to the power...

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