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Criminal Law

Crime and Consequences

Criminal law issues from the perspective of victims of crime and the law-abiding public.
By Kent Scheidegger et al.

Post Frequency: 1.8/day

Last Entry: November 25, 2008 at 18:31:33

Blog Scan

Posted on April 22, 2008
Mumia Abu-Jamal: Steven D. Levitt, at Freakonomics Blog authored this post, cautioning against the uninformed support of convicted murderer Mumia Abu-Jamal. Mumia Abu-Jamal was convicted and sentenced to death for the murder of police officer Daniel Faulkner in 1981...

News Scan

Posted on April 22, 2008
Fight Crime, Shoot Back: The owner of an Oakland liquor store, shot in the leg during and attempted robbery last Saturday, shot back with his own gun, hitting the robber three times according this report by SF Chronicle writer Henry...

Blog Scan

Posted on April 21, 2008
SCOTUS Podcasts: The Federalist Society has podcasts on the Kennedy v. Louisiana argument by Bill Otis and on the Baze v. Rees decision by Kent Scheidegger. Reaction to Baze Commentary: SCOTUSblog has posted a commentary by Eric Berger, an assistant....

Crime & Punishment in the U.S. and Europe

Posted on April 21, 2008
This post is by Julia Wobbe, a student at California State University, Sacramento. There has been much controversy about the incarceration rate in the United States, which is much higher than in European countries. It is informative to consider these...

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News Scan

Posted on April 21, 2008
Genetic Informants. Washington Post writer Ellen Nakashima reports on a new tool that is helping to identify suspects through a relative's DNA. The initial use of this tool was in the BTK murder case. Police in Kansas obtained a court...

Cert. Denied in Delayed Capital Cases

Posted on April 21, 2008
The Supreme Court denied certiorari this morning in several capital cases it had been sitting on since the fall, when it took up the lethal injection case of Baze v. Rees. The cases include Taylor v. Crawford (Missouri), No. 07-303,...

Execution on Hold. Although the

Posted on April 18, 2008
Execution on Hold. Although the U.S. Supreme Court upheld lethal injection to be constitutional, the Nevada Supreme Court will not lift a stay on a convicted murderer?s execution. AP writer Brendan Riley from the San Francisco Chronicle reports Bill Gang,...

Journal of Law and Economics

Posted on April 18, 2008
The August, 2007 issue of JLE is now available online. Two articles relate to criminal law: Is Crime Contagious? by Jens Ludwig and Jeffrey R. Kling and Heavy Alcohol Use and Crime: Evidence from Underage Drunk-Driving Laws by Christopher Carpenter.....

Blog Scan

Posted on April 18, 2008
Commentary on Baze: SCOTUSblog has posted a commentary by our own Kent Scheidegger on what the Court's opinions in Baze will mean for the states as they look to implementing death sentences. The commentary states that in the wake of...

Statutory Interpretation

Posted on April 18, 2008
Nearly lost in the hubbub over Baze v. Rees were two federal sentencing decisions handed down by the high court this week. For those who practice mainly in the state courts, the results are less important than the statutory interpretation...

Berry on Deck?

Posted on April 17, 2008
Last October, the Supreme Court denied certiorari and a stay in Earl Berry's case from the Mississippi Supreme Court but then granted a stay in his federal � 1983 case from the Fifth Circuit. Previous posts are here and here....

Blog Scan

Posted on April 17, 2008
Judicial Thought Process: Ed Whelan at Bench Memos (NRO) posted a link to his review on Judge Posner's new book How Judges Think. The review strings together a series of seven comments on Posner's book, and ultimately argues that Posner...

News Scan

Posted on April 17, 2008
DNA samples will soon be taken on every person arrested by federal law enforcement officers according to this story by Washington Post writers Ellen Nakashima and Spencer Hsu, and another by AP writer Eileen Sullivan. The new authorization, part of...

Baze Coverage

Posted on April 17, 2008
The Baze decision has extensive coverage in the news today. Here is a sampling: Adam Liptak in the New York Times. Jennifer McMenamin in the Baltimore Sun. Debra Saunders in the San Francisco Chronicle. David Savage in the Los Angeles...

Some Points of Agreement in Baze

Posted on April 16, 2008
Baze is one of those dreaded splintered opinions where we will have to pick our way through to figure out what the law is for some time to come. Even so, there are a number of important points on which...

News Scan

Posted on April 16, 2008
DNA testing methods are found ?scientifically sound.? The Wales Government commissioned an independent study to test the reliability of low template (LCN) DNA testing as reported by Gavin O?Connor in the Western Mail. The test is considered accurate but...

Blog Scan

Posted on April 16, 2008
U.S. Supreme Court Opinions: SCOTUSblog has posts on the U.S. Supreme Court decisions released today. Today the Court announced rulings in Begay v. United States, Baze v. Rees, and Burgess v. United States. Lyle Denniston's in-depth post on the opinion...

Death Penalty Statement

Posted on April 16, 2008
My written statement on the death penalty to the California Commission on the Fair Administration of Justice is now available here....

Baze Decided

Posted on April 16, 2008
The Supreme Court decided the lethal injection case, Baze v. Rees today. The opinion is here. There is no majority, but I expect the plurality opinion by Chief Justice Roberts will be treated as the authoritative word. A couple of...

Blog Scan

Posted on April 15, 2008
Social Science Journal: Psychology and Crime News posted comments on three Social Science Journal articles that addressed: homicide in the southern United States, individual perceptions and how they affect hate crime legislation, and a study on whether capital murderers (murderers...

SCOTUS Notes

Posted on April 15, 2008
The U.S. Supreme Court celebrated Tax Filing Day by filing two tax opinions. Lyle Denniston discusses them at SCOTUSblog. This is also National Crime Victims' Rights Week. Perhaps the Court could celebrate that by deciding Baze v. Rees and bringing...

Crime and Foreclosures

Posted on April 15, 2008
Stop the presses. A politician has wildly exaggerated. ?If you take a one-eighth square mile which is generally the size of a city block in most cities, and you end up with one foreclosure on that city block, two things...

Justices Decline ?Zoloft Defense? Case

Posted on April 14, 2008
Ed Silverman over at Pharmalot notes that the Supreme Court denied cert. in the "Zoloft Defense" case, Pittman v. South Carolina....

Homicide Moratorium?

Posted on April 02, 2008
The Los Angeles City Council debated a resolution declaring a 40-hour moratorium on murder, David Zahniser reports for the LA Times. Commenters at the Volokh Conspiracy discuss whether this was an April Fool's joke. Ultimately, the council "decided instead to...

Of Crime and Governors

Posted on April 02, 2008
California Attorney General, and former Governor, Jerry Brown is hinting he may run for governor again, according to this article in the SF Chron by John Wildermuth. His speech to the Democratic convention includes this statement: When he was governor,...

Crawford, Experts, and Underlying Facts

Posted on April 01, 2008
Julie Seamon has this article in the Georgetown Law Review on the impact of Crawford v. Washington on the practice of experts testifying on the basis of hearsay facts. With respect to prosecution experts who testify in the form of...

News Scan

Posted on April 01, 2008
Appeal of Congressional Search Denied: The U.S. Supreme Court refused to hear the government's appeal of last year's DC Circuit holding regarding a search of the Congressional office of Rep. William Jefferson (D-La). A story by LA Times reporter David...

Interesting Reading...

Posted on April 01, 2008
Psychology and Crime News mentions several studies in the current issue of The Social Science Journal. The abstract for the study: Secondary analysis of dangerousness among death sentenced capital murderers reads thusly: The theory of incapacitation involves reducing an offender's...

Comment Experiment Ends At SCOTUSblog

Posted on April 01, 2008
From the very beginning -- in the pre-Internet dial-up BBS days -- online discussions have been infested with intellectual ankle-biters who have little or nothing of substance to add to the discussion and simply sling insults at those who do....

Do the time, lower the crime

Posted on March 31, 2008
James Q. Wilson has this op-ed in the Sunday LA Times, responding to the Pew report about 1 in 100 in prison and the accompanying hullabaloo. In the last 10 years, the effect of prison on crime rates has been...

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