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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

Update on the Lori Drew/My Space Suicide Case

Posted on September 27, 2009
Orin Kerr has a post at The Volokh Conspiracy noting that the government has filed a notice of appeal from the trial court's judgment dismissing the case and that such a notice preserve the right to appeal but does not...

"California Struggles With Paroled Sex Offenders"

Posted on September 27, 2009
The article is in today's New York Times. It provides an insight into the practical limitations of GPS tracking systems and the caseloads, optimal and real, of those assigned to keep an eye on parolees.

Levinson, Cai & Young on Implicit Racial Bias

Posted on September 26, 2009
Justin D. Levinson (pictured, University of Hawaii at Manoa -William S. Richardson School of Law), Huajian Cai and Danielle Young (University of Hawai`i at Manoa Dept. of Psychology) have posted Guilty by Implicit Racial Bias: The Guilty/Not Guilty Implicit Association...

New Criminal Justice Program at Vanderbilt Law School

Posted on September 26, 2009
Ellen Podgor has the details over at White Collar Crime Prof Blog.

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Harcourt on Henry Louis Gates and Racial Profiling

Posted on September 25, 2009
Bernard E. Harcourt (University of Chicago - Law School) has posted Henry Louis Gates and Racial Profiling: What's the Problem? (U of Chicago, Law & Economics, Olin Working Paper No. 482) on SSRN. Here is the abstract: A string of...

Benner Addresses Deficiencies in California's Indigent Criminal Defense

Posted on September 25, 2009
Laurence A. Benner (California Western School of Law) has posted The Presumption of Guilt: Systemic Factors that Contribute to Ineffective Assistance of Counsel in California (California Western Law Review, Vol. 45, No. 263, 2009) on SSRN. Here is the abstract:...

You Have the Right to Remain Silent, Even if Dr. Phil Asks You a Question

Posted on September 25, 2009
Maybe Matthew and Laura Eaton thought the feds had better things to do than watch talk TV. But now, they are learning their lesson the hard way. Findlaw has a story, entitled Dr. Phil, Shoplifting Confessions & Federal Charges, documenting...

"New state secrets policy is first step towards legislation to check executive discretion in blocking litigation"

Posted on September 25, 2009
That's the title of the column at Jurist by Sharon Bradford Franklin (senior counsel, The Constitution Project) about the administration's new policy, which is here.

Featured Download: Cahill on Attempt by Omission

Posted on September 24, 2009
Michael T. Cahill (Brooklyn Law School) has published Attempt by Omission in the Iowa Law Review (vol. 94, p. 1208). Here is the abstract: In addition to requiring subjective culpability, criminal offenses typically involve two objective features: action and harm...

"What Do We Owe Exonerated Inmates?"

Posted on September 24, 2009
That's the title of an interesting column at reasononline by Steve Chapman, originally published in 2006 but republished today. It summarizes and critiques various states' approaches to compensating inmates who are found to have been wrongly imprisoned.

"Courts Wrestle With Searches When the Evidence Is Digital"

Posted on September 24, 2009
That's the headline on the Wall Street Journal article discussing the recent Ninth Circuit case on the issue. Hat tip: Orin Kerr at The Volokh Conspiracy.

Ball on Integrating Criminal Justice Agencies in California

Posted on September 24, 2009
W. David Ball (Santa Clara School of Law) has posted E Pluribus Unum: Data and Operations Integration in the California Criminal Justice System (Stanford Law & Policy Review, Forthcoming) on SSRN. Here is the abstract: The Stanford Criminal Justice Center...

"Terror Suspect Is Charged With Plot to Use Bombs"

Posted on September 24, 2009
This New York Times story has some interesting detail about how the suspect was gathering the materials he needed and also illustrates how law enforcement uses computer data to build a case.

Featured Download: O'Malley on Fines and Criminal Justice

Posted on September 23, 2009
Pat O'Malley (University of Sydney, Faculty of Law) has posted Theorizing Fines (Punishment and Society, Vol. 11, No. 1, 2009) on SSRN. It documents the difference in the use of fines in the U.S. and in Europe and traces that...

Updating Your School's Listing of Criminal Law Programs

Posted on September 23, 2009
Along the left side of this blog is a listing of U.S. law schools with LL.M. degrees or J.D. certificates or concentrations in criminal law. I realized that it had gotten out of date the other day when I checked...

Dennis on Shielding Juvenile Witnesses and Informants

Posted on September 23, 2009
Andrea Dennis (University of Kentucky College of Law) has posted Beyond Victims of Sexual Perverts: Expanding Shielding to All Juvenile Witnesses and Collateral Damage? Juvenile Snitches in America's "War" on Drugs, Crime and Gangs (American Criminal Law Review, Vol...

DNA Sample: Your Orange County Get-Out-of-Jail-Free Card

Posted on September 23, 2009
The L.A. Times has the story, headlined Arrested in O.C.? A DNA sample could buy freedom. Here's the lead: Orange County, which already has one of the nation's most aggressive programs for taking DNA samples from convicts, has quietly begun...

Banishment from San Francisco Upheld as Condition of Supervised Release

Posted on September 23, 2009
My colleague, Shaun Martin, has a post on this case over at California Appellate Report, in which he asks an interesting question--is this guy really better off living in Oakland? The district court judge anticipated this argument but thought that...

"Does the Wrongful Issuance of an Arrest Warrant Violate a Person's Fourth Amendment Rights if the Warrant is Never Executed?"

Posted on September 23, 2009
That's the title of Orin Kerr's post at The Volokh Conspiracy discussing a case recently argued before the U.S. Court of Appeals for the D.C. Circuit. The subject of the warrant argued that he was harmed because he had to...

Do-It-Yourself Criminal Investigations (Kolber)

Posted on September 22, 2009
New technologies are making it easier to conduct do-it-yourself research into criminal activity. Here are two illustrations: (1) Ian Ayres discusses a recent NYT article about people who have tried to track down their stolen portable electronic gadgets...

No Retrial for Man Who Spent 26 Years in Prison for 1983 Killing

Posted on September 22, 2009
The prosecutor says that, while personally convinced of the man's guilt, "much of the physical evidence had been lost or destroyed and some witnesses have died." A federal judge overturned the conviction in August on the grounds that "false evidence"...

Scent Lineups

Posted on September 22, 2009
Grits for Breakfast has a post on this here, which links to a new report from the Innocence Project of Texas entitled "Dog Scent Lineups: A Junk Science Injustice."

Baer on Governing Corporate Compliance

Posted on September 22, 2009
Miriam H. Baer (Brooklyn Law School) has posted Governing Corporate Compliance (Boston College Law Review, Vol. 50, No. 1, 2009) on SSRN. Here is the abstract: In light of the financial meltdown of 2008, it is reasonable to question whether...

Illinois Seeks DNA from Released Felons

Posted on September 22, 2009
The Chicago Tribune has the story here. Under a 2002 state law, all felons in custody were required to give a DNA sample, but "because of delays in implementation, nearly 10,000 inmates were released from the Department of Corrections without...

Featured Download: Ip on Suspicionless Searches and the Prevention of Terrorism

Posted on September 21, 2009
John Ip (University of Auckland - Faculty of Law) has posted Suspicionless Searches and the Prevention of Terrorism on SSRN. The differences between the treatment of the problem in the U.K. and the U.S. is interesting, particularly the different attitudes...

Heyman on Investigating Corporate Malfeasance

Posted on September 21, 2009
Susan Schwab Heyman (Benjamin N. Cardozo School of Law, Visiting Professor) has posted Bottom-Up: An Alternative Approach for Investigating Corporate Malfeasance on SSRN. Here is the abstract: At least since the Enron scandal, the government has focused intensive efforts on...

Weekend Review

Posted on September 21, 2009
Friday Henning on Enforcement and the SEC Inmate Ordered to Testify About Failed Execution Erickson on the Brain and the Law "When Criminal Justice Systems Collide: Improving the European Arrest Warrant " Saturday Lyke on Lawrence as an Eighth Amendment...

What's a Little Traffic Stop Among Friends?

Posted on September 21, 2009
Eugene Volokh has a post over at The Volokh Conspiracy about a tiny town in Iowa that decided it would be nice to stop a driver with out-of-state plates and offer an all-expense paid vacation in the town. Professor Volokh...

Top-Ten Recent SSRN Downloads

Posted on September 20, 2009
for manuscripts announced in the last 60 days in the criminal law and procedure journals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 375 Culture, Cognition, and Consent: Who Perceives What, and Why, in 'Acquaintance Rape' Cases...

California Prisoner Reduction Plan

Posted on September 20, 2009
Crime and Consequences expresses satisfaction that the plan does not meet the target ordered by the three-judge panel: "The bright spot is that they are not totally caving in to Reinhardt et al., perhaps emboldened by the Supreme Court's warning...

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