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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.

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

What Neuroscience Cannot Tell Us About Humanity

Posted on March 12, 2008
That's the title of an intriguing essay by David Perks, who astutely observes: Even a cursory glance at reviews of the field shows that neuroscience poses more questions than it answers. The Economist?s review in 2006, although enthusiastic about the...

News Scan

Posted on March 12, 2008
Gun Battle at the White House? Robert Novak has this column in the WashPost on the remarkable event of the Solicitor General filing a brief for the United States in the D.C. gun case and then the Vice President joining...

Law Enforcement and the Next President

Posted on March 11, 2008
It has been quite a while since crime and law enforcement were considered issues important enough to merit the attention of Presidential candidates. Even illegal drug use, which remains a serious national problem, has not been the subject of a...

The Humanity and Culture of Crime and Punishment

Posted on March 11, 2008
Bill Stuntz over at Less Than the Least has an intriguing post about the relationship between culture, law, and punishment. He makes a number of good and interesting points about how culture shapes the law. He judiciously states: A good...

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Flawing, Misleading Study on Death Penalty Costs

Posted on March 11, 2008
A study on Maryland death penalty costs released last week has serious flaws and paints a misleading picture. There are three major deficiencies apparent on the face of the Urban Institute’s report: First, the study fails to consider the savings...

News Scan

Posted on March 10, 2008
Maryland Death Penalty Repeal Fails: "Efforts to repeal the death penalty in Maryland were dealt an apparently fatal blow yesterday when a key state Senate committee defeated the measure, leaving a court-ordered moratorium on state executions in place and some...

Criminals Escape Fees in San Francisco

Posted on March 10, 2008
An article in today's San Francisco Chronicle addresses San Francisco's inability to collect fines, victim's restitution and court-imposed fees from convicted criminals. The article can be found here. In his article, Jaxon Van Derbeken points out that only recently has...

Crime and Prison

Posted on March 07, 2008
Last week the Pew Center on the States produced a report highlighting the statistic that the prison and jail population has topped 1% of the total population. The press release is here and the full report is here. In...

News Scan

Posted on March 07, 2008
ipods to blame for crime? News reporter Scott Gutierrez, from seatlepi.com, sat in on a panel discussion Tuesday sponsored by Urban Institute. Crime researchers are exploring the correlation between ipods and the increase in crime over the past few years...

Virginia Veto

Posted on March 06, 2008
Virginia Governor Tim Kaine has once again vetoed legislation to repeal that state's triggerman rule, reports Mason Adams for the Roanoke Times. This statute automatically exempts from the death penalty a murderer who uses someone else to actually commit the...

News Scan

Posted on March 05, 2008
College Background Checks. Byron Ackerman uticaod.com reports that Herkimer County Community College officials are backing legislation that would allow peace officers to conduct background checks on students involved in a possible crime. The bill is also being supported by State...

Blog Note

Posted on March 05, 2008
The Southern Appeal blog has been granted rehearing, though not en banc. Welcome back. (Hat tip: Orin Kerr at VC.)...

MMPI in Today's WSJ

Posted on March 05, 2008
The front page of today's Wall Street Journal (subscription required) has a lengthy article about the most widely used personality test, the Minnesota Multiphasic Personality Inventory (MMPI). The focus of the story is about a specialty sub-scale developed by Dr...

Second Amendment

Posted on March 04, 2008
The Supreme Court will hear argument on Tuesday, March 18, in Heller v. District of Columbia to review a lower court holding announcing that the DC law banning firearms was unconstitutional. In this article from the Wall Street Journal, Harvard...

How Do We Define Addiction?

Posted on March 03, 2008
The current issue of the American Journal of Psychiatry has an editorial arguing for the inclusion of "internet addiction" in the forthcoming 5th edition of the Diagnostic and Statistical Manual for Mental Disorders. Jerald J. Block, M.D. states: Internet addiction...

News Scan

Posted on March 03, 2008
Brain Scans: "Figuring out just what types of neuroscience are ready for the courtroom is one of the goals of a $10 million Law & Neuroscience Project funded by The John D. and Catherine T. MacArthur Foundation," reports David Caruso...

Hoffman Follow Up

Posted on March 03, 2008
Today, the Ninth Circuit designated for publication its order of February 14 on remand from the United States Supreme Court in Arave v. Hoffman. Accordingly the U.S. Supreme Court vacated this court's judgment to the extent that it addressed the...

SCOTUS Monday

Posted on March 03, 2008
The Supreme Court issued one opinion in a criminal case today, Boulware v. United States, No. 06-1509, but it's really more of a tax case. In the orders list, the Court asked for the views of the Solicitor General in...

An Interesting New Blog

Posted on March 02, 2008
Criminal law and procedure buffs may want to check out the new blog, Less Than Least, authored by the Profs. Bill Stuntz (Harvard) and David Skeel (Penn). What makes Less Than Least so intriguing comes from it's description: We are both law professors and evangelical Protestants ? a weird combination in our time...

News Scan

Posted on February 29, 2008
Anti-Spam Law Upheld By a narrow 4-3 vote, the Virginia Supreme Court has upheld the criminal conviction of Jeremy Jaynes for violating Virginia's anti-spam law, Larry O'Dell reports for AP. The court rejected Jaynes' arguments on jurisdiction, First Amendment, vagueness, and the Commerce Clause...

The McCleskey Claim, Again

Posted on February 28, 2008
A trial judge in Connecticut has allowed a claim of the type rejected by the Supreme Court in McCleskey v. Kemp, 481 U.S. 279 (1987) to go forward. This is the perennial claim that statistics show a racial or geographic "bias" in the administration of the death penalty...

News Scan

Posted on February 28, 2008
Americans in Prison: An Associated Press story by David Crary cites a recent report from the Pew Center on the States indicating that one of every 100 adults is in jail or prison. The report points to habitual criminal sentencing laws such as "Three Strikes" for the high incarceration rate, "Getting tough on criminals has gotten tough on taxpayers," said the project's director...

News Scan

Posted on February 27, 2008
Linda Greenhouse, the New York Times' controversial Supreme Court correspondent, has accepted a buyout offer and will be leaving after 30 years on the beat, Seth Sutel reports for AP. Officials are cracking-down on criminal immigrants. According to this Washington Post story by Ernesto Londono, strong efforts are being made by immigration officials to locate and deport illegal immigrants and monitor immigrants with criminal records, which is straining the immigration court system...

The Silence is Deafening

Posted on February 27, 2008
Another Supreme Court decision day and another lone civil case, with no decision in Medellin v. Texas. There remain three undecided cases from the October calendar: Medellin, the Washington political primary case, and the Santos money laundering case...

Crime and Politics

Posted on February 26, 2008
In this Washington Post column last Sunday, David Broder suggested that crime and law enforcement may emerge as a political issue this year. He cites a recent poll conducted for liberal think tank Third Way, showing that 69% of the sample thought that violent crime was a more serious threat than a terrorist attack, chosen by only 19%...

English DP Poll

Posted on February 25, 2008
In London, the Sun asked readers of its Web site, "Should Britain bring back the death penalty?" The result: "And a staggering 99 per cent of the 95,000 readers who responded to our You The Jury poll said the Government SHOULD reintroduce it." Internet polls mean very little, as they suffer from a two-stage selection bias...

Harmlessness and Habeas

Posted on February 25, 2008
With its grant of certiorari in the case of Chrones v. Pulido, No. 07-544, the U.S. Supreme Court ventures once more into the questions of habeas corpus, harmless error, and deference to the state court's decision on direct appeal. The Court addressed related issues last June in Fry v...

News Scan

Posted on February 25, 2008
SCOTUS takes Fourth Amendment case: Today the Supreme Court agreed to review a 4th Amendment case next term regarding warrantless searches of automobiles. The Washington Post reports that Rodney J. Gant was arrested in Tucson, Arizona about 10 feet away from his parked car and placed in the back of a police car while officers searched his car...

DNA Advances in England

Posted on February 23, 2008
Forensic DNA is producing more results in England than in the U.S., reports Gautam Nak in the Wall Street Journal. Some of the reasons are controversial. One reason is that the database for England and Wales includes 8% of the population. (Scotland and Northern Ireland are in a separate database...

SCOTUS Notes

Posted on February 22, 2008
The U.S. Supreme Court held a conference today. The only order announced was for briefing in a Gitmo detainee case, which Lyle Denniston discusses at SCOTUSblog. For regular cases, the grants and denials will be announced Monday. Among the criminal cases considered today was Arizona v...

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