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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

Kerr on Warrants in National Security Investigations

Posted on March 30, 2010
Orin S. Kerr (George Washington University - Law School) has posted The Modest Role of the Warrant Clause in National Security Investigations (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: Why is the Warrant Clause of the Fourth...

Blumenthal on Law and the Emotions

Posted on March 29, 2010
Jeremy A. Blumenthal (Syracuse University - College of Law) has posted A Moody View of the Law: Looking Back and Looking Ahead at Law and the Emotions (Nebraska Symposium on Motivation, Vol. 56, 2010) on SSRN. Here is the abstract:...

Benforado on Geography of Criminal Law

Posted on March 29, 2010
Adam Benforado (Drexel University - Earle Mack School of Law) has posted The Geography of Criminal Law (Cardozo Law Review, Vol. 31, No. 3, 2010) on SSRN. Here is the abstract: When Westerners explain the causes of actions or outcomes...

Rust on Appellate Review of Federal Sentencing Decisions

Posted on March 29, 2010
Craig D. Rust has posted When ?Reasonableness? is Not so Reasonable: The Need to Restore Clarity to the Appellate Review of Federal Sentencing Decisions after Rita, Gall, and Kimbrough {Touro Law Review, Vol. 26, No. 75, 2010) on SSRN. Here...

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Top-Ten Recent SSRN Downloads

Posted on March 28, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 402 The Emerging Law of Detention: The Guantanamo Cases as Lawmaking Benjamin Wittes, Robert Chesney, Rabea Benhalim, Unaffiliated Authors - affiliation not provided to SSRN, University of Texas School...

Next week's criminal law and procedure arguments

Posted on March 27, 2010
Summaries are from ScotusWiki, which also includes links to briefs and opinions below. Monday Renico v. Lett: Whether the Sixth Circuit erred in holding that the Michigan Supreme Court failed to apply clearly established precedent by denying habeas relief on...

Hessick & Hessick on Appellate Problems after Booker

Posted on March 26, 2010
F. Andrew Hessick III and Carissa Byrne Hessick (both of Arizona State University - Sandra Day O'Connor College of Law) have posted Five Years of Appellate Problems after Booker (Federal Sentencing Reporter, Vol. 22, p. 85, 2009) on SSRN. Here...

Meyer on Extraterritorial Application of U.S. Law

Posted on March 26, 2010
Jeffrey A. Meyer (Quinnipiac University - School of Law) has posted Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: Scores of federal criminal and...

Execution stay in DNA case

Posted on March 25, 2010
ScotusBlog has the story on Skinner v. Switzer here: Skinner is seeking to raise an issue that the Justices had agreed to review last Term in District Attorney?s Office v. Osborne (08-6). The Court decided the Osborne case on June...

Conference on due process for victims

Posted on March 25, 2010
The National Crime Victim Law Institute will hold its ninth annual conference in Portland on June 10-11. The topic is "Due Process for Victims: Meaningful Rights in Every Case." The program listing participants is here.

Bowers on Discretion

Posted on March 24, 2010
Josh Bowers (University of Virginia School of Law) has posted Commonsense Discretion on SSRN. Here is the abstract: Charging discretion is no monolith. Instead, prosecutors consider three sets of reasons to decline or pursue charges: legal reasons, administrative reasons, and...

Argument transcript in Magwood v. Patterson

Posted on March 24, 2010
is here.

Exum on Possession of Child Pornography

Posted on March 23, 2010
Jelani Jefferson Exum (University of Kansas School of Law) has posted Making the Punishment Fit the (Computer) Crime: Rebooting Notions of Possession for the Federal Sentencing of Child Pornography Offenses (Richmond Journal of Law and Technology, 2010) on SSRN...

Sentence Length and Sentence Venue

Posted on March 23, 2010
Ellen Podgor has an interesting post at White Collar Crime Prof questioning whether the increased length of prison sentences for white collar crimes should impact the security level of the prison at which they must be served.

Today's crim law/procedure cert grants

Posted on March 22, 2010
Summaries from ScotusBlog, which links to briefs and opinions below: Connick v. Thompson: Does imposing failure-to-train liability on a district attorney?s office for a single Brady violation undermine prosecutors? absolute immunity? Belleque v. Moore: (1) Whether the Fulminante standard ?...

"Victory for U.S. on detainees"

Posted on March 22, 2010
ScotusBlog has the story here: The Supreme Court voted on Monday to leave intact a lower court ruling that took away almost all of the power of federal judges to block, even temporarily, the transfer of detainees out of Guantanamo...

This week's crim law/procedure argument

Posted on March 22, 2010
Summary of issue is from ScotusWiki, which also links to briefs and opinions below: Wednesday Magwood v. Patterson: When a person is resentenced after having obtained federal habeas relief from an earlier sentence, is a claim in a federal habeas...

Top-Ten Recent SSRN Downloads

Posted on March 21, 2010
are here. The usual disclaimers apply: Rank Downloads Paper Title 1 395 The Emerging Law of Detention: The Guantanamo Cases as Lawmaking Benjamin Wittes, Robert Chesney, Rabea Benhalim, Unaffiliated Authors - affiliation not provided to SSRN, University of Texas School...

Harmon on Proactive Policing Reform

Posted on March 20, 2010
Rachel Harmon (University of Virginia School of Law) has posted Promoting Civil Rights Through Proactive Policing Reform (Stanford Law Review, Vol. 62, 2009) on SSRN. Here is the abstract: Reducing police misconduct requires substantial institutional reform in our nation?s police...

Giannelli on Independent Crime Labs

Posted on March 19, 2010
Paul C. Giannelli (Case Western Reserve University School of Law) has posted Independent Crime Laboratories: The Problem of Motivational and Cognitive Bias (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: One of the most controversial recommendations in the...

Katner on Delinquency and Daycare

Posted on March 19, 2010
David R. Katner (Tulane University - School of Law) has posted Delinquency & Daycare (Harvard Law & Policy, Vol. 4, pp. 49-72, 2010) on SSRN. Here is the abstract: As the nation faces policy challenges over juvenile delinquency and subsequent...

Armacost on Arizona v. Gant

Posted on March 19, 2010
Barbara E. Armacost (University of Virginia School of Law) has posted Arizona V. Gant: Does it Matter? (2009 Supreme Court Review, 2010) on SSRN. Here is the abstract: Prior to the Supreme Court?s recent opinion in Arizona v Gant, it...

Slobogin on Insanity and the Integrationist Test

Posted on March 18, 2010
Christopher Slobogin (Vanderbilt University - School of Law) has posted A Defense of the Integrationist Test as a Replacement for the Special Defense of Insanity (Texas Tech Law Review, Vol. 42, 523-542) on SSRN. Here is the abstract: This article,...

Donahue on State Secrets

Posted on March 18, 2010
Laura Donohue (Georgetown University Law Center) has posted The Shadow of State Secrets (University of Pennsylvania Law Review) on SSRN. Here is the abstract: Despite the recent explosion in scholarship focused on state secrets, very little is known about how...

Hafemeister on Society's Response to Child Abuse

Posted on March 16, 2010
Thomas L. Hafemeister (University of Virginia School of Law) has posted Castles Made of Sand? Rediscovering Child Abuse and Society?s Response (Ohio North University Law Review, Forthcoming) on SSRN. Here is the abstract: It has long been recognized that stress,...

"Eleventh Circuit Decision Largely Eliminates Fourth Amendment Protection in E-Mail"

Posted on March 16, 2010
Orin Kerr has this post at The Volokh Conspiracy. The case is here.

Rosenthal on Damages for Wrongful Convictions

Posted on March 16, 2010
Lawrence Rosenthal (Chapman University - School of Law) has posted Second Thoughts on Damages for Wrongful Convictions (Chicago-Kent Law Review, Vol. 85, No. 1, 2010) on SSRN. Here is the abstract: After the DNA-inspired wave of exonerations of recent years,...

Garrett on DNA and Due Process

Posted on March 15, 2010
Brandon L. Garrett (University of Virginia School of Law) has posted DNA and Due Process (Fordham Law Review Vol. 78, 2010) on SSRN. Here is the abstract: The Supreme Court in District Attorney?s Office v. Osborne confronted novel and complex...

Top-Ten Recent SSRN Downloads

Posted on March 14, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 388 The Emerging Law of Detention: The Guantanamo Cases as Lawmaking Benjamin Wittes, Robert Chesney, Rabea Benhalim, Unaffiliated Authors - affiliation not provided to SSRN, University of Texas School...

Back to the future on sentencing disparity

Posted on March 13, 2010
Doug Berman at Sentencing Law and Policy has an interesting post on the troubling implications of a recently released report by the U.S. Sentencing Commission indicating that the post-Booker increase in sentencing discretion has led to an increased correlation between...

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