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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

Reamey on Universality in Criminal Procedure

Posted on August 30, 2010
Gerald S. Reamey (St. Mary's University School of Law) has posted Innovation or Renovation in Criminal Procedure: Is the World Moving Toward a New Model of Adjudication? (Arizona Journal International & Comparative Law, Vol. 27, p. 324, 2010) on SSRN...

Haque on Criminal Law and Armed Conflict

Posted on August 30, 2010
Adil Ahmad Haque (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Criminal Law and Morality at War (PHILOSOPHICAL FOUNDATIONS OF CRIMINAL LAW, R.A. Duff, Stuart P. Green, eds., 2010) on SSRN. Here is the abstract:...

Gender, Justice, and Victim Rights Symposium Feb. 25 at Wisconsin

Posted on August 30, 2010
Legal Scholarship Blog notes this symposium focusing on "A Gendered Perspective of Victims in the Criminal Justice System." Those interested in submitting papers should send an abstract by by October 31.

Top-Ten Recent SSRN Downloads

Posted on August 29, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2739 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...

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"Somalia piracy suspect pleads guilty in US court"

Posted on August 29, 2010
Jurist has this interesting story, recounting the charges that have been filed against "pirates" in light of a federal judge's ruling that the federal piracy statute does not apply to "violence or aggression committed on the high seas" and discussing...

Laurin on Herring and the Exclusionary Rule

Posted on August 28, 2010
Jennifer E. Laurin (University of Texas) has posted Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence on SSRN. Here is the abstract: The Supreme Court?s 2009 decision in Herring v. United States has prompted both criticism and puzzlement concerning...

THE CONSTITUTION IN 2020: THE FUTURE OF CRIMINAL JUSTICE

Posted on August 27, 2010
That's the title of the conference at Florida State on Oct. 7-8, co-sponsored by FSU and the American Constitution Society. Keynote address Thursday evening, Oct. 7, by Steve Bright of the Southern Center for Human Rights; Friday's opening remarks are...

The Blagojevich Watch

Posted on August 27, 2010
Jurist updates the situation: Prosecutors will retry the former Illinois governor, convicted on just one of 24 counts, but will drop charges against his brother, alleged to have been involved in attempting to sell President Obama's vacated Senate seat.

Ramsey on Domestic Violence and State Intervention

Posted on August 26, 2010
Carolyn B. Ramsey (University of Colorado Law School) has posted Domestic Violence and State Intervention in the American West and Australia, 1860-1930 (Indiana Law Journal, Vol. 86, 2011) on SSRN. Here is the abstract: This article calls into question stereotypical...

"Switzerland activists withdraw from campaign to reinstate death penalty"

Posted on August 26, 2010
Jurist has the story. The advocacy group did not give a reason for its sudden withdrawal from the campaign, though it continues to argue that the Swiss criminal justice system hurts victims by failing to adequately punish those convicted of...

When does a burglary end?

Posted on August 26, 2010
My colleague, Shaun Martin, raises this question over at California Appellate Report, in connection with this intermediate state appellate decision applying the felony-murder rule. Defendant was driving away from the scene of his burglary, and no one was in pursuit,...

Kerr on applying the Fourth Amendment to the internet

Posted on August 26, 2010
Orin Kerr (George Washington) has published Applying the Fourth Amendment to the Internet: A General Approach at The Legal Workshop. It is based on his article of the same name in the Stanford Law Review. The beginning: This Article proposes...

"The Bad Parent Defense"

Posted on August 25, 2010
Kent Scheidegger has this post on "the single most popular way to argue against the death penalty," excerpting a newspaper account of a prisoner's recorded statement disclaiming his attorney's effort to present such a defense.

Beale on Honest Services

Posted on August 25, 2010
Sara Sun Beale (Duke University - School of Law) has posted An Honest Services Debate (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: This commentary employs a fictional debate to explore the issues raised by...

"L.A. has rare weekend with no killings"

Posted on August 25, 2010
Sad news and happy news all in one L.A. Times headline:

"4th Amendment Violating Mobile X-Ray Scanners Hit The Streets"

Posted on August 25, 2010
This story is on Prison Planet (hat tip: FourthAmendment.com) and includes a neat picture. Here's the lead: As we warned at the beginning of the year, X-ray body scanners currently being used and abused in airports across the world are...

"Innocence claim rejected: Troy Davis loses challenge"

Posted on August 25, 2010
Doug Berman at Sentencing Law and Policy excerpts this post by Lyle Denniston at ScotusBlog discussing the upshot of last summer's Supreme Court order.

Slobogin on Empirical Desert

Posted on August 24, 2010
Christopher Slobogin (Vanderbilt Law School) has posted Some Hypotheses About Empirical Desert (Arizona State Law Journal, Forthcoming) on SSRN. Here is the abstract: Paul Robinson has written a series of articles advocating the view that empirical desert should govern development...

"Plotting Doubted in WikiLeaks Case"

Posted on August 24, 2010
The New York Times has this story: STOCKHOLM ? Although Swedish prosecutors have yet to complete their review of sexual abuse accusations that two Stockholm women made last week against Julian Assange, founder of the WikiLeaks Web site, those who...

Miller on Allowing Defendants to Present Evidence They Rejected Favorable Plea Bargains

Posted on August 23, 2010
Colin Miller (John Marshall Law School) has posted Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence that They Rejected Favorable Plea Bargains. Here is the abstract: Federal Rule of Evidence 410 deems inadmissible statements made during...

Southwest Criminal Law Conference Aug. 27-28 in Colorado

Posted on August 23, 2010
Sessions, to be held at the University of Colorado and Denver University, will address topics such as "Reasonable Rape"; "Search and Seizure in a Post 9/11 World"; "Racial Profiling"; "National Security, Civil Liberties, and the War on Terror"; and the...

Fersko on Anonymous Juries

Posted on August 23, 2010
Seth A. Fersko has posted United States v. Wecht: When Anonymous Juries, the Right of Access, and Judicial Discretion Collide (Seton Hall Law Review, Vol. 40, No. 763, 2010) on SSRN. Here is the abstract: The United States was a...

Gans on "DNA-only" Cases

Posted on August 22, 2010
Jeremy Gans (University of Melbourne) has posted Ozymandias on Trial: The Problem of Fair DNA-Only Hearings on SSRN. Here is the abstract: Two recent Australian cases have placed the commanding role of DNA evidence in contemporary criminal trials under close...

Top-Ten Recent SSRN Downloads

Posted on August 22, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2705 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...

Buchhandler-Raphael on Rape as Sexual Abuse of Power

Posted on August 21, 2010
Michal Buchhandler-Raphael has posted The Failure of Consent: Re-Conceptualizing Rape as Sexual Abuse of Power on SSRN. Here is the abstract: What is rape? What are the harms, risks and values that the criminal prohibition on rape attempts to promote?...

Bandes on the Strange Persistence of the American Death Penalty

Posted on August 20, 2010
Susan A. Bandes (DePaul University - College of Law) has posted The Heart Has its Reasons: Examining the Strange Persistence of the American Death Penalty (CRIMINAL LAW CONVERSATIONS, Paul Robinson, Stephen Garvey, and Kimberly Kessler Ferzan, eds., Oxford University Press,...

Buell on the mail fraud cases

Posted on August 19, 2010
Samuel W. Buell (Duke University School of Law) has posted The Court's Fraud Dud (Duke Journal of Constitutional Law & Public Policy, 2010) on SSRN. Here is the abstract: In this contribution to a collection of essays on the Supreme...

"Clemens to Be Indicted for Perjury in Doping Testimony"

Posted on August 19, 2010
The New York Times has the story here: Federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs, according to two people briefed on the matter.

Professor Ellen Podgor receives NACDL award

Posted on August 18, 2010
Congrats to Ellen! From the press release: Washington, DC� (Aug. 18, 2010) ? Stetson Law Professor Ellen S. Podgor was awarded the 30th annual Robert C. Heeney Memorial Award, the National Association of Criminal Defense Lawyers? most prestigious honor, Aug...

Cassidy on Ethics and Plea Bargaining

Posted on August 18, 2010
Michael Cassidy (Boston College Law School) has posted Some Reflections on Ethics and Plea Bargaining: An Essay in Honor of Fred Zacharias (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract: In this article the author explores what...

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