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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

Miller on the Anchoring Effect and Judicial Participation in Plea Discussions

Posted on September 14, 2010
Colin Miller (John Marshall Law School) has posted Anchors Away: Why the Anchoring Effect Suggests that Judges Should be Able to Participate in Plea Discussions on SSRN. Here is the abstract: The ?anchoring effect? is cognitive bias by which people...

Simons on Statistical Knowledge

Posted on September 14, 2010
Kenneth W. Simons (Boston University - School of Law) has posted Statistical Knowledge Deconstructed on SSRN. Here is the abstract: In a wide range of contexts, especially in criminal law and tort law, the law distinguishes between individualized knowledge (awareness...

Market on Punishing through Punitive Damages

Posted on September 13, 2010
Dan Markel (Florida State University College of Law) has posted Overcoming Tradeoffs in the Taxation of Punitive Damages (Washington University Law Review, Forthcoming) on SSRN. Here is the abstract: As explained in a companion piece (Taxing Punitive Damages, co-authored with...

Podgor on Pre-Plea Discovery

Posted on September 13, 2010
Ellen S. Podgor (Stetson University College of Law) has posted Pleading Blindly (Mississippi Law Review, Vol. 4, p. 80, Forthcoming) on SSRN. Here is the abstract: In the criminal area, discovery violations are a continual concern. Recently, the Department of...

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Green on Prosecutors' Pretrial Disclosure

Posted on September 12, 2010
Bruce A. Green (Fordham University School of Law) has posted Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors? Offices Learn from Their Lawyers? Mistakes? (Cardozo Law Review, Vol. 31, p. 2161, 2010) on SSRN. Here is the abstract: The...

Top-Ten Recent SSRN Downloads

Posted on September 12, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 191 Status as Punishment: A Critical Guide to Padilla v. Kentucky Gabriel J. Chin, Margaret Colgate Love, University of Arizona James E. Rogers College of Law, Law Office of...

Hollis on Cyber Threats

Posted on September 11, 2010
Duncan B. Hollis (Temple University - James E. Beasley School of Law) has posted An e-SOS for Cyberspace on SSRN. Here is the abstract: Individuals, shadowy criminal organizations, and nation states all now have the capacity to devastate modern societies...

Morrison on Juries and the Internet

Posted on September 10, 2010
Caren Myers Morrison (Georgia State University - College of Law) has posted Jury 2.0 on SSRN. Here is the abstract: When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right...

Primus on Administrative Searches

Posted on September 10, 2010
Eve Brensike Primus (University of Michigan Law School) has posted Disentangling Administrative Searches (Columbia Law Review, Vol. 111, 2011) on SSRN. Here is the abstract: Everyone who has been screened at an international border, scanned by an airport metal detector,...

Douglas on Sentencing Defendants with Fetal Alcohol Spectrum Disorder

Posted on September 10, 2010
Heather Douglas (The University of Queensland - TC Beirne School of Law) has posted The Sentencing Response to Defendants with Foetal Alcohol Spectrum Disorder (Criminal Law Journal, Vol. 34, pp. 221-239, 2010) on SSRN. Here is the abstract: This article...

Brunton-Smith & Jackson on Neighborhood Clustering and the Fear of Crime

Posted on September 10, 2010
Ian Brunton-Smith and Jonathan Jackson (University of Surrey - Department of Sociology and London School of Economics & Political Science - Methodology Institute) have posted Neighbourhood Clustering and the Fear of Crime: Examining Spatial Autocorrelation Using British Crime Survey Data...

Gershowitz on Passwords, Cell Phones, and Search Incident to Arrest

Posted on September 09, 2010
Adam M. Gershowitz (University of Houston Law Center) has posted Password Protected? Can a Password Save Your Cell Phone from the Search Incident to Arrest Doctrine? (Iowa Law Review, Forthcoming) on SSRN. Here is the abstract: Over the last few...

Markowitz on Deportation and the Civil-Criminal Distinction

Posted on September 08, 2010
Peter L. Markowitz (Benjamin N. Cardozo School of Law) has posted Deportation is Different on SSRN. Here is the abstract: Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature...

Vladeck on the New Habeas Revisionism

Posted on September 08, 2010
Stephen I. Vladeck (American University - Washington College of Law) has posted The New Habeas Revisionism (Harvard Law Review, Vol. 124, 2011) on SSRN. Here is the abstract: There is relatively little in the Constitution?s drafting history or ratification debates...

Kleinfeld & Schaub on Redressive Justice

Posted on September 08, 2010
Joshua Kleinfeld and J�rg Schaub (Goethe University Frankfurt - Cluster of Excellence Normative Orders and Goethe University Frankfurt - Cluster of Excellence Normative Orders) have posted The Place of Redressive Justice in the Concept of Justice on SSRN...

American University seeks criminal law and procedure teachers

Posted on September 07, 2010
American University Washington College of Law invites applications for one or more tenure track faculty positions in a broad number of areas, including, but not limited to, first-year courses, criminal law, criminal procedure, international law, administrative law, intellectual property, patent...

Logan on Erie and Federal Criminal Courts

Posted on September 07, 2010
Wayne A. Logan (Florida State University - College of Law) has posted Erie and Federal Criminal Courts (Vanderbilt Law Review, Forthcoming) on SSRN. Here is the abstract: Today, low-level state and local criminal laws figure critically in federal prosecutions, serving...

Brooks on Retribution and Capital Punishment

Posted on September 07, 2010
Thom Brooks (Newcastle University - Newcastle Law School) has posted Retribution and Capital Punishment (RETRIBUTIVISM: ESSAYS ON THEORY ON PRACTICE, Mark D. White, ed., Oxford University Press, 2010) on SSRN. Here is the abstract: Should retributivists reject capital punishment? It...

Symposium on the fallout of declaring "war" on social issues

Posted on September 06, 2010
This symposium, to be held March 3-4 at the University of Iowa and sponsored by the Journal of Gender, Race & Justice, will focus on many topics of interest to criminal law and procedure types, such as the "war on...

Top-Ten Recent SSRN Downloads

Posted on September 05, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2771 A Legal Labyrinth: Issues Raised by Arizona Senate Bill 1070 Gabriel J. Chin, Carissa Byrne Hessick, Toni M. Massaro, Marc L. Miller, University of Arizona James E. Rogers...

Solove on Fourth Amendment Pragmatism

Posted on September 04, 2010
Daniel J. Solove (George Washington University Law School) has posted Fourth Amendment Pragmatism (Boston College Law Review, Vol. 51, p. 1, 2010) on SSRN. Here is the abstract: In this essay, Professor Solove argues that the Fourth Amendment reasonable expectation...

Kinports on the Court and Miranda

Posted on September 04, 2010
Kit Kinports (The Pennsylvania State University) has posted The Supreme Court's Love-Hate Relationship with Miranda on SSRN. Here is the abstract: In recent years, the Supreme Court has enjoyed a love-hate relationship with its landmark decision in Miranda v...

Baer on Cooperation's Cost

Posted on September 03, 2010
Miriam H. Baer (Brooklyn Law School) has posted Cooperation's Cost (Washington University Law Review, Forthcoming) on SSRN. Here is the abstract: This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants...

Dervan on Plea Bargaining's Innocence Problem

Posted on September 02, 2010
Lucian E. Dervan (Southern Illinois University School of Law) has posted Bargained Justice: Plea Bargaining's Innocence Problem and the Brady Safety-Valve on SSRN. Here is the abstract: If any number of attorneys were asked in 2004 whether Lea Fastow?s plea...

Harcourt and Meares on Randomization and the Fourth Amendment

Posted on September 02, 2010
Bernard E. Harcourt (left) and Tracey L. Meares (University of Chicago - Law School and Yale University) have posted Randomization and the Fourth Amendment on SSRN. Here is the abstract: Randomized checkpoint searches are generally taken to be the exact...

Mitchell on Obstacles to Longer Halfway House Placements

Posted on September 01, 2010
S. David Mitchell (University of Missouri) has posted Impeding Reentry: Agency and Judicial Obstacles to Longer Halfway House Placements on SSRN. Here is the abstract: Over 700,000 prisoners were released into their communities in 2008, at least 50,000 of those...

The Jet Blue Flight Attendant and the Criminal Law

Posted on September 01, 2010
Erin Murphy (NYU) has published "Is Steven Slater a Criminal?" in USA Today. In part: Cannibalistic criminalization is also bad for the rest of us. Because harm prevention seems an unconvincing justification for this prosecution, perhaps the district attorney is...

Schulhofer, Tyler & Hug on Policing at a Crossroads

Posted on September 01, 2010
Stephen Schulhofer (pictured), Tom Tyler and Aziz Z. Huq (New York University - School of Law , New York University - Department of Psychology and University of Chicago Law School) have posted American Policing at a Crossroads on SSRN. Here...

Covey on Pervasive Surveillance and the Fourth Amendment

Posted on September 01, 2010
Russell D. Covey (Georgia State University College of Law) has posted Pervasive Surveillance and the Future of the Fourth Amendment (Mississippi Law Journal, Vol. 80, No. 4, 2010) on SSRN. Here is the abstract: We are in a period of...

Stinneford on Proportionality under the Cruel and Unusual Punishments Clause

Posted on August 31, 2010
John F. Stinneford (University of Florida Levin College of Law) has posted Rethinking Proportionality under the Cruel and Unusual Punishments Clause on SSRN. Here is the abstract: Although a century has passed since the Supreme Court started reviewing criminal punishments...

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