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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

Risinger on the NAS Report and Error in Forensic Science

Posted on December 21, 2010
D. Michael Risinger (Seton Hall University School of Law) has posted Whose Fault? - Daubert, the NAS Report, and the Notion of Error in Forensic Science (Fordham Urban Law Journal, Forthcoming) on SSRN. Here is the abstract: The notion of...

ScotusBlog highlights Miranda petition

Posted on December 21, 2010
as one of its Petitions of the Day. The issue: Whether this Court?s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always "in custody" for purposes of Miranda any time that prisoner is isolated from...

Boyne on Prosecuting Low-Level Crime in Germany

Posted on December 20, 2010
Shawn Marie Boyne (Indiana University School of Law-Indianapolis) has posted Is the Journey from the 'In Box' to the 'Out Box' a Straight Line: The Prosecution of Low Level Criminality in Germany on SSRN. Here is the abstract: The defining...

Top-Ten Recent SSRN Downloads

Posted on December 19, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 356 The Facade of FCPA Enforcement Mike Koehler, Butler University College of Business, Date posted to database: November 9, 2010 2 310 Good Faith, New Law, and the Scope...

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Heller & Dubber on Comparative Criminal Law

Posted on December 18, 2010
Kevin Jon Heller and Markus D. Dubber (pictured) (Melbourne Law School and University of Toronto - Faculty of Law) have posted Introduction: Comparative Criminal Law (THE HANDBOOK OF COMPARATIVE CRIMINAL LAW, Kevin Heller & Markus Dubber, eds., Stanford University Press,...

Medwed on Prosecutorial Disclosure of Exculpatory Evidence

Posted on December 17, 2010
Daniel S. Medwed (University of Utah - S.J. Quinney College of Law) has posted Brady's Bunch of Flaws (Washington and Lee Law Review, Vol. 67, No. 1533, 2010) on SSRN. Here is the abstract: The 1970s television program The Brady...

Featured Download: Seidman on Hyper-Incarceration

Posted on December 16, 2010
Louis Michael Seidman (Georgetown University Law Center) turns his considerable skills toward the biggest problem in criminal justice in his recent draft, Hyper-Incarceration and Strategies of Disruption: Is There a Way Out? Here is the abstract: This paper explores exit...

Hartley on Public Housing and Crime

Posted on December 16, 2010
Daniel A. Hartley (Federal Reserve Banks - Federal Reserve Bank of Cleveland) has posted Blowing it Up and Knocking it Down: The Effect of Demolishing High Concentration Public Housing on Crime on SSRN. Here is the abstract: Despite popular accounts....

International Wrongful Conviction Conference April 7-10 at Cincinnati

Posted on December 15, 2010
From the website for the conference: The Innocence Network and the Ohio Innocence Project at the University of Cincinnati College of Law will host the first-ever conference dedicated to exploring the phenomenon of wrongful conviction of the innocent in the...

Wexler & King on Rehabilitation and Therapeutic Jurisprudence

Posted on December 15, 2010
David B. Wexler (pictured) and Michael S. King (University of Puerto Rico - School of Law and Monash University - Faculty of Law) have posted Promoting Societal and Juridical Receptivity to Rehabilitation: The Role of Therapeutic Jurisprudence on SSRN...

Rich on the Philosophy of Snitching

Posted on December 14, 2010
Michael Rich (Elon University School of Law) has posted A Snitch, Not a Hero: Philosophical Lessons of Loyalty and Disloyalty in the World of Criminal Informants on SSRN. Here is the abstract: Without informants, policing as we know it would...

Berkowski on the Admissibility of Grand Jury Testimony Against the Government

Posted on December 13, 2010
Brandon Berkowski has posted Federal Rule of Evidence 804(b)(1)'s 'Similar Motive' Test and the Admissibility of Grand Jury Testimony against the Government (Fordham Law Review, Vol. 79, No. 3, 2010) on SSRN. Here is the abstract: This Note examines the...

Moriarty on the NAS Report on Forensic Science

Posted on December 13, 2010
Jane Campbell Moriarty (University of Akron School of Law) has posted Will History Be Servitude?: The NAS Report on Forensic Science and the Role of the Judiciary (Utah Law Review, Vol. 2010, No. 2, 2010) on SSRN. Here is the...

Top-Ten Recent SSRN Downloads

Posted on December 12, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 351 The Facade of FCPA Enforcement Mike Koehler, Butler University College of Business, Date posted to database: November 9, 2010 2 307 Good Faith, New Law, and the Scope...

Ross on Prisoner Resistance to Abuse

Posted on December 11, 2010
Jeffrey Ian Ross (School of Criminal Justice - University of Baltimore) has posted Resisting the Carceral State: Prisoner Resistance from the Bottom Up (Social Justice, Vol. 36, No. 3, pp. 28-45, 2010) on SSRN. Here is the abstract: When an...

Yesterday's criminal law/procedure cert grant

Posted on December 11, 2010
is Tapia v. United States, described as follows at ScotusBlog, which links to the opinion below and will link to cert papers when available: The new criminal sentencing case the Court agreed to review is Tapia v. U.S. (10-5400), testing...

Miller on the Fourth Amendment in Hotel Rooms

Posted on December 10, 2010
Jason C. Miller has posted Do Not Disturb: Fourth Amendment Expectations of Privacy in Hotel Rooms on SSRN. Here is the abstract: Do Not Disturb addresses the sometimes thorny issue of when occupants of a hotel room have standing under...

Hansen on Evidence Obtained During Extraordinary Renditions

Posted on December 10, 2010
Victor Hansen (New England Law) has posted Use and Misuse of Evidence Obtained During Extraordinary Renditions: How Do We Avoid Diluting Fundamental Protections? on SSRN. Here is the abstract: This article considers and questions the ways in which grand schemes...

Goldman on Fourth Amendment Cases

Posted on December 09, 2010
Stanley A. Goldman (Loyola Law School Los Angeles) has posted Searching for the Fourth Amendment: Looking for Law in All the Wrong Cases on SSRN. Here is the abstract: Whether we are speaking of Hudson v. Michigan, Herring v. United...

Tanguay-Renaud on Criminal Law and Reason

Posted on December 09, 2010
François Tanguay-Renaud (Osgoode Hall Law School - York University) has posted Understanding Criminal Law Through the Lens of Reason (Res Publica, Vol. 16, No. 1, p. 89, 2010) on SSRN. Here is the abstract: This is a review essay of...

Pursley on Penal Deference and US v. Comstock

Posted on December 08, 2010
Garrick B. Pursley (The University of Toledo College of Law) has posted Penal Deference and Other Oddities in United States V. Comstock (Duke Journal of Constitutional Law & Public Policy, Vol. 6, No. 1, 2010) on SSRN. Here is the...

Dripps on the Substance-Procedure Relationship in Criminal Law

Posted on December 08, 2010
This chapter, contributed to Philosophical Foundations of Criminal Law, edited by Antony Duff and Stuart Green, forthcoming from Oxford in early 2011, takes up what it claims to be ?the hardest problem? in criminal justice scholarship: the relationship between the...

"Petition of the Day": Fourth Amendment Seizure case

Posted on December 07, 2010
ScotusBlog's "Petition of the Day" today, featuring links to the cert petition and the opinion below, is Brooks v. Gaenzle, which raises this issue: Whether a fleeing suspect, who was intentionally shot in the back by police but not immediately...

Bandes on Neuroscience: Promise and Pitfalls

Posted on November 26, 2010
Susan A. Bandes (DePaul University - College of Law) has posted The Promise and Pitfalls of Neuroscience for Criminal Law and Procedure (Ohio State Journal of Criminal Law, Vol. 8, No. 1, 2010) on SSRN. Here is the abstract: This...

Sacharoff on Miranda's Hidden Right

Posted on November 25, 2010
Laurent Sacharoff (University of Arkansas School of Law) has posted Miranda's Hidden Right on SSRN. Here is the abstract: Miranda v. Arizona said that a suspect can waive her right to remain silent but also that she must invoke it....

Denno on Neuroscience, Cognitive Psychology and the Criminal Justice System

Posted on November 24, 2010
Deborah W. Denno (Fordham University School of Law) has posted Neuroscience, Cognitive Psychology, and the Criminal Justice System: Introduction (Ohio State Journal of Criminal Law, Vol. 8, pp. 1-6, 2010) on SSRN. Here is the abstract: This introduction discusses a...

Bienen on Capital Punishment in Illinois

Posted on November 24, 2010
Leigh Buchanan Bienen (Northwestern University School of Law) has posted Capital Punishment in Illinois in the Aftermath of the Ryan Commutations: Reforms, Economic Realities, and a New Saliency for Issues of Cost (Journal of Criminal Law and Criminology, Vol...

"Petition for Certiorari Filed in Pineda-Moreno, The Ninth Circuit GPS Case"

Posted on November 24, 2010
Orin Kerr at The volokh Conspiracy explains why he thinks the petition should be denied: The puzzling part about the panel decision in Pineda-Moreno was that it essentially undid the government?s concession: It held that the warrantless search was okay...

Dempsey on International Criminal Law and Philosophy

Posted on November 24, 2010
Michelle Madden Dempsey (Villanova University School of Law) has posted Breaking New Ground in International Criminal Law and Philosophy (Transnational Legal Theory, Vol. 1, No. 3, p. 453, 2010) on SSRN. Here is the abstract: This is a book review...

Cahill on Punishment Pluralism

Posted on November 23, 2010
Michael T. Cahill (Brooklyn Law School) has posted Punishment Pluralism (RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY, Mark D. White ed., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: This book chapter speculates that contemporary understandings of retribution have...

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