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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

The Limited Impact of Lawrence v. Texas in Criminal Cases

Posted on August 19, 2009
Kelly Strader (Southwestern Law School) sets forth the case in an op-ed piece in the L.A. Times. .

Guest Blogger James J. Duane (Regent Law School): The Extraordinary Mystery of Briscoe v. Virginia

Posted on August 18, 2009
[Last week, Crimprof noted this interesting email to the Evidence Law listserve from Professor Duane and asked if he would share it, in slightly modified form, with our readers.] In Briscoe v. Virginia (No. 07-11191), filed in May 2008, Professor...

Fabricating DNA Evidence (Kolber)

Posted on August 18, 2009
Today's New York Times has an article about fabricating DNA evidence in a laboratory. Unlike naturally-occurring DNA that could merely be planted at a crime scene, fabricated DNA would not require access to an original, physical specimen of a particular...

Ginsburg and Shaffer on Empirical Work in International Law

Posted on August 18, 2009
Tom Ginsburg (University of Chicago Law School) and Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) have posted Empirical Work in International Law on SSRN. Here is the abstract: Empirical work in international law is rapidly....

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Simpson on Corporate Criminal Intent

Posted on August 18, 2009
William A. Simpson (Metropolitan State College of Denver) has posted Corporate Criminal Intent on SSRN. Here is the abstract: This paper is about the corporation as criminal defendant. In common-law legal systems a fully constituted criminal offence normally requires proof...

Tam on Remedies for Abuse of Executive Powers

Posted on August 18, 2009
Christian J. Tams (University of Glasgow, School of Law) has posted The Abuse of Executive Powers: What Remedies? (COUNTERTERRORISM: DEMOCRACY'S CHALLENGE, Bianchi & Keller, Oxford, 2008) on SSRN. Here is the abstract: This paper addresses remedies available to victims of...

A Recent Interesting Case on Computer Searches

Posted on August 18, 2009
The Ninth Circuit's decision in United States v. Payton is discussed in this interesting post by Orin Kerr over at The Volokh Conspiracy.

Greetings from the CrimProfs at the University of San Diego!

Posted on August 17, 2009
In my time at the University of San Diego School of Law, I?ve had the privilege of working with highly talented colleagues across a broad range of subject matters. In my own areas of special interest--criminal law and procedure--I have...

Featured Download: Joh on Breaking the Law to Enforce It

Posted on August 17, 2009
CrimProf hopes to provide for criminal law and procedure types the same convenient method for keeping up with recent SSRN posts that my former San Diego colleague, Larry Solum, provides for the general legal theory crowd on his Legal Theory...

Raban on Suggestive and Necessary Identification Procedures

Posted on August 17, 2009
Ofer Raban (University of Oregon - School of Law) has posted On Suggestive and Necessary Identification Procedures on SSRN. Here is the abstract: Due Process doctrine allows criminal defendants to challenge the admissibility of suggestive identification procedures and consequent in-court...

Ristroph on State Intentions and the Law of Punishment

Posted on August 17, 2009
Alice Ristroph (Seton Hall University - School of Law) has posted State Intentions and the Law of Punishment (Journal of Criminal Law & Criminology, vol. 98, No. 4, pp. 1353-1406, Summer 2008) on SSRN. Here is the abstract: Forget dogs:...

"Getting Smart on Crime"

Posted on August 17, 2009
The New York Times published this op-ed piece on Saturday. which Douglas Berman summarized and discussed on his excellent Sentencing Law and Policy blog. The post also usefully collects previous posts addressing similar themes--that our long-standing attraction to harsh sentences...

Obvious and Ugly Surveillance as Crime-Fighting Technique

Posted on August 17, 2009
The Wall Street Journal reports on what's playing in Peoria. Here's the lead: PEORIA, Ill. -- This industrial city, hard hit by the recession, has found a new, low-budget way to fight crime: Park an unmanned, former Brink's truck bristling...

Junior Scholars Paper Competition Deadline Sept. 1

Posted on August 17, 2009
The chair of the AALS criminal justice section, David Harris (Pittsburgh), sends along the following information from the section's spring newsletter. If you are no longer junior yourself, pass the word on to a junior colleague: The Criminal Justice Section...

Top Ten Recent Criminal Law and Procedure Downloads

Posted on August 17, 2009
CrimProf understands that manuscript downloads are not dispositive of manuscript quality, but downloads do provide some information about interest in recent drafts, and so here are the manuscripts most often downloaded from SSRN within the last 60 days...

USSC Issues Unusual Order in Death-Row Case Involving Innocence Claim

Posted on August 17, 2009
Responding to an original writ of habeas corpus (filed originally in the Supreme Court rather than in a lower court), the Court today ordered a district court to "?receive testimony and make findings of fact as to whether evidence that...

Tuerkheimer on Control Killings

Posted on August 15, 2009
Deborah Tuerkheimer (University of Maine School of Law and DePaul University - College of Law) has posted Control Killings (Texas Law Review, Vol. 87, pp. 117-124, 2009) on SSRN. Here is the abstract: A defendant on trial for murdering his...

More Thoughts on Kansas v. Ventris

Posted on May 06, 2009
Last week, I wrote about Kansas v. Ventris in which the U.S. Supreme Court decided that statements taken from a criminal defendant in the absence of counsel can be used to impeach his testimony at trial without violating his Sixth...

Thoughts on Kansas v. Ventris

Posted on April 30, 2009
The U.S. Supreme Court yesterday decided that statements taken from a criminal defendant in the absence of counsel can be used to impeach his testimony at trial without violating his Sixth Amendment right to the assistance of counsel during interrogations,...

Constitution Project Study IDs Flaws in Public Defense System

Posted on April 15, 2009
The American legal system guarantees "equal justice under law." Those words, carved in stone on the facade of the Supreme Court, are a constitutional promise that everyone will have the same opportunity for justice. But a new report by the...

Courts Look to Fines and Fees in Tough Budget Times

Posted on April 06, 2009
Valerie Gainous paid her debt to society, but almost went to jail because of a debt to Florida?s courts. In 1996, she was convicted of writing bad checks; she paid restitution, performed community service and thought she was finished with...

Judge Prohibits Blackberry Use by Jurors

Posted on March 31, 2009
There will be no Twittering in the courtroom. As jury selection in the blockbuster trial of famed philanthropist Brooke Astor's son opened Monday, a Manhattan judge told 200 potential jurors to put away their BlackBerrys. "I understand there is a...

Supreme Court Rejects Peremptory Challenge Claim

Posted on March 31, 2009
The U.S. Supreme Court today decided Rivera v. Illinois, No. 07-9995, unanimously rejecting the defendant's claim that the state trial court's erroneous denial of his peremptory challenge required a new trial. Justice Ginsburg delivered the opinion of the Court, and...

Liptak Previews Strip Search Case

Posted on March 24, 2009
Savana Redding still remembers the clothes she had on ? black stretch pants with butterfly patches and a pink T-shirt ? the day school officials here forced her to strip six years ago. She was 13 and in eighth grade....

New Mexico Repeals Death Penalty

Posted on March 19, 2009
As the New York Times reported yesterday, New Mexico became the second State in eighteen months to repeal the death penalty. Thirty-five States now authorize the death penalty while fifteen States and the District of Columbia do not [Mike Mannheimer].

Tamara Lawson on Hate Crimes and Prosecutorial Discretion

Posted on March 17, 2009
Tamara F. Lawson, a professor at St. Thomas University School of Law (Florida), has posted an interesting article draft to SSRN, "'Whites Only Tree,' Hanging Nooses, No Crime? Limiting the Prosecutorial Veto for Hate Crimes in Louisiana and Across America,"slated...

New Phenomenon: "Google Mistrials?"

Posted on March 17, 2009
Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge?s instructions and centuries of legal rules. But when...

Heller "Firing Blanks?"

Posted on March 16, 2009
About nine months ago, the Supreme Court breathed new life into the Second Amendment, ruling for the first time that it protects an individual right to own guns. Since then, lower federal courts have decided more than 80 cases interpreting...

Crim. Prof. Gerard Lynch May be Heading to Second Circuit

Posted on March 14, 2009
The New York Times reported on Tuesday: "For the United States Court of Appeals for the Second Circuit, based in New York, [Obama administration] officials said the White House had settled on elevating Judge Gerard E. Lynch, a Columbia law...

SCOTUS Decides Speedy Trial Clause Case

Posted on March 14, 2009
On Monday, the U.S. Supreme Court decided Vermont v. Brillon. At issue was whether delays in bringing a defendant to trial that are attributable to his court-appointed lawyers should be counted against the prosecution for purposes of the Speedy Trial...

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