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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

Summary reversal in capital case

Posted on May 24, 2010
The per curiam opinion in Jefferson v. Upton is here.

Opinion requiring proof of possession of machinegun beyond reasonable doubt

Posted on May 24, 2010
United States v. O'Brien is here. Here is the syllabus: Respondents O?Brien and Burgess each carried a firearm during an attempted robbery. Count three of their indictment charged them with using a firearm in furtherance of a crime of violence,...

Opinion on error in plain-error case

Posted on May 24, 2010
United States v. Marcus is here. Here is the syllabus: Respondent Marcus was convicted of engaging in forced labor and sex trafficking between January 1999 and October 2001. On appeal, he pointed out for the first time that the federal...

Today's criminal law/procedure cert grant

Posted on May 24, 2010
Issue summary is from ScotusBlog, which also links to briefs and the opinion below: Skinner v. Switzer: Whether a convicted prisoner seeking access to biological evidence for DNA testing may assert that claim in a civil rights action under 42...

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Top-Ten Recent SSRN Downloads

Posted on May 23, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 306 The Shadow of State Secrets Laura Donohue, Georgetown University Law Center, Date posted to database: March 8, 2010 [2nd last week] 2 303 Disentangling Child Pornography from Child...

Sundby on Capital Juries

Posted on May 23, 2010
Scott E. Sundby (Washington and Lee University - School of Law) has posted War and Peace in the Jury Room: How Capital Juries Reach Unanimity (Hastings Law Journal, Vol. 62, 2010) on SSRN. Here is the abstract: Using data from...

Mason on Hate Crime Law in Australia

Posted on May 21, 2010
Gail Mason (University of Sydney - Faculty of Law) has posted Hate Crime Laws in Australia: Are They Achieving Their Goals? (Criminal Law Journal, Vol. 33, No. 6, pp. 326-340, 2009) on SSRN. Here is the abstract: A number of...

Findley on Innocence Protection in the Appellate Process

Posted on May 21, 2010
Keith A. Findley (University of Wisconsin Law School) has posted Innocence Protection in the Appellate Process (Marquette Law Review, Forthcoming) on SSRN. Here is the abstract: It is often said that truth ?accurate sorting of the guilty from the innocent?...

"No habeas rights at Bagram"

Posted on May 21, 2010
ScotusBlog has the story on this decision from the D.C. Circuit Court: The ruling overturned a federal judge?s decision that the Supreme Court?s ruling two years ago allowing habeas challenges by prisoners at Guantanamo Bay extends to Bagram, at least...

"Fourth Amendment news--"House votes to expand national DNA arrest database""

Posted on May 20, 2010
FourthAmendment.com has the story.

Chacon on Immigration Courts and Adjudication of Fourth and Fifth Amendment Rights

Posted on May 20, 2010
Jennifer M. Chac�n (University of California, Irvine School of Law) has posted A Diversion of Attention? Immigration Courts and the Adjudication of Fourth and Fifth Amendment Rights (Duke Law Journal, Vol. 59, 2010) on SSRN. Here is the abstract: Because...

Levinson and Young on Racial Bias and Ambiguous Evidence

Posted on May 19, 2010
Justin D. Levinson (pictured) and Danielle Young (University of Hawaii at Manoa - William S. Richardson School of Law and University of Hawai`i at Manoa Dept. of Psychology) have posted Different Shades of Bias: Skin Tone, Implicit Racial Bias, and...

Drumbl on Collective Responsibility and Post-Conflict Justice

Posted on May 19, 2010
Mark A. Drumbl (Washington and Lee University - School of Law) has posted Collective Responsibility and Post-Conflict Justice on SSRN. Here is the abstract: How best to secure justice in the aftermath of mass atrocity? International criminal tribunals ? and...

deGuzman on Crimes Against Humanity

Posted on May 18, 2010
Margaret M. deGuzman (Temple University - James E. Beasley School of Law) has posted Crimes Against Humanity (HANDBOOK OF INTERNATIONAL CRIMINAL LAW, Schabas et al., eds., Routledge, 2010) on SSRN. Here is the abstract: The concept of crimes against humanity...

Slobogin on Proportionality, Privacy, and Public Opinion

Posted on May 18, 2010
Christopher Slobogin (Vanderbilt University - School of Law) has posted Proportionality, Privacy and Public Opinion: a Reply to Kerr and Swire (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: This Article responds to two reviews of my book,...

Russell on Recidivist Enhancements and Prior Drug Convictions

Posted on May 18, 2010
Sarah French Russell (Lecturer, Yale Law School) has posted Rethinking Recidivist Enhancements: The Role of Prior Drug Convictions in Federal Sentencing (UC Davis Law Review, Vol. 43, No. 4, 2010) on SSRN. Here is the abstract: Recidivist sentencing enhancements, which...

Today's criminal law/procedure cert grant

Posted on May 17, 2010
Issue summary from ScotusBlog, which also links to briefs and opinion below: Wall v. Kholi: Whether a state court sentence-reduction motion consisting of a plea for leniency constitutes an ?application for State post-conviction or other collateral review,? 28 U...

Writ in second juvenile LWOP case dismissed as improvidently granted

Posted on May 17, 2010
Sullivan v. Florida is here.

Opinion declaring LWOP unconstitutional for juvenile in nonhomicide case

Posted on May 17, 2010
Graham v. Florida is here. Here is the syllabus: Petitioner Graham was 16 when he committed armed burglary and another crime. Under a plea agreement, the Florida trial court sentenced Graham to probation and withheld adjudication of guilt. Subsequently, the...

Opinion upholding federal sex offender statute

Posted on May 17, 2010
in United States v. Comstock is here. Here is the syllabus: Federal law allows a district court to order the civil commitment of a mentally ill, sexually dangerous federal prisoner beyond the date he would otherwise be released. 18 U....

Interesting commentary on today's juvenile LWOP and sex offender cases at Sentencing Law and Policy blog

Posted on May 17, 2010
You can find a summary of Doug Berman's posts on these cases here.

Top-Ten Recent SSRN Downloads

Posted on May 16, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 340 Brain Imaging for Legal Thinkers: A Guide for the Perplexed Owen D. Jones, Joshua Buckholtz, Jeffrey D. Schall, Rene Marois, Vanderbilt University - School of Law & Department...

Cormier on Treating the Mentally Ill after Clark v. Arizona

Posted on May 15, 2010
Joseph W. Cormier has posted Providing Those with Mental Illness Full and Fair Treatment: Legislative Considerations in the Post-Clark Era (American Criminal Law Review, Vol. 47, No. 1, 2010) on SSRN. Here is the abstract: Reforming legal treatment of individuals...

McLain on Nontestimonial Statements of Intent

Posted on May 14, 2010
Lynn McLain (University of Baltimore School of Law) has posted 'I?m Going to Dinner with Frank': Admissibility of Nontestimonial Statements of Intent When Their Relevance is to Prove the Actions of Someone Other than the Speaker (Cardozo Law Review, Forthcoming)...

Capers on Race, Citizenship, Equality, and the Fourth Amendment

Posted on May 14, 2010
I. Bennett Capers (Hofstra University - School of Law) has posted Rethinking the Fourth Amendment: Race, Citizenship, and the Equality Principle (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 46, 2010) on SSRN. Here is the abstract: Notwithstanding claims...

Burke on Family Ties and Criminal Law

Posted on May 13, 2010
Alafair S. Burke (Hofstra University - School of Law) has posted When Family Matters (Yale Law Journal, Vol. 119, No. 1210, 2010) on SSRN. Here is the abstract: In Privilege or Punish: Criminal Justice and the Challenge of Family Ties,...

"New York Minorities More Likely to Be Frisked"

Posted on May 13, 2010
From The New York Times: Blacks and Latinos were nine times as likely as whites to be stopped by the police in New York City in 2009, but, once stopped, were no more likely to be arrested.

Markel, Leib & Collins on Burke on Markel, Leib & Collins

Posted on May 13, 2010
Dan Markel , Ethan J. Leib and Jennifer M. Collins (pictured) (Florida State University College of Law , University of California - Hastings College of the Law and Wake Forest University - School of Law) have posted Rethinking Criminal Law...

O'Malley on Money Sanctions and Justice in Control Societies

Posted on May 12, 2010
Pat O'Malley (University of Sydney - Faculty of Law) has posted Fines, Risks and Damages: Money Sanctions and Justice in Control Societies on SSRN. Here is the abstract: Fines and damages are the principal sanctions of criminal, civil and regulatory....

Harris on "Head Cams" and the Fourth Amendment

Posted on May 11, 2010
David A. Harris (University of Pittsburgh - School of Law) has posted Picture This: Body Worn Video Devices ('Head Cams') as Tools for Ensuring Fourth Amendment Compliance by Police (Texas Tech Law Review, Forthcoming) on SSRN. Here is the abstract:....

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