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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 Recent Entries: 2253
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Shannon on Sell v. United States
Posted on March 01, 2010Brian D. Shannon (Texas Tech University School of Law) has posted Prescribing a Balance: The Texas Legislative Responses to Sell v. United States (St. Mary's Law Journal, Forthcoming) on SSRN. Here is the abstract. In Sell v. United States, decided...
Top-Ten Recent SSRN Downloads
Posted on February 28, 2010are here. The usual disclaimers apply. Rank Downloads Paper Title 1 352 The Emerging Law of Detention: The Guantanamo Cases as Lawmaking Benjamin Wittes, Robert Chesney, Rabea Benhalim, Unaffiliated Authors - affiliation not provided to SSRN, University of Texas School...
Next week's criminal law and procedure arguments
Posted on February 27, 2010Description of issues from ScotusWiki, which also provides links to briefs and opinions below: Monday Berghuis v. Thompkins: Whether the Sixth Circuit expanded the Miranda rule to prevent an officer from attempting to non-coercively persuade a defendant to cooperate where...
Kolber News Roundup (Kolber)
Posted on February 26, 2010Here are some interesting criminal-law-related stories: (1) Toyota Acceleration: A Minnesota man sentenced to eight-years in prison on two counts of vehicular homicide is seeking to present new evidence that his accident was caused by the sudden accelaration of his...
"Case of John Michael Farren seen as refresher course on domestic violence"
Posted on February 26, 2010That's the title of the article by Karl Vick in the Washington Post. The article is here.
Madoff and White Collar Sentencing
Posted on February 25, 2010The WSJ Law Blog post, "Possible Madoff Effect: Triple-Digit White-Collar Prison Sentences," by Amir Efrati is here.
Nevins-Saunders on Mental Retardation and Statutory Rape
Posted on February 25, 2010Elizabeth Nevins-Saunders (Acting Assistant Prof. of Lawyering, NYU Law) has posted "Incomprehensible Crimes: Defendants with Mental Retardation Charged with Statutory Rape" (forthcoming, NYU Law Review) to SSRN. Here is the abstract: Criminal law norms assume that all defendants are alike...
Perlin and McClain on the Role of Neuroimaging in the Criminal Trial Process
Posted on February 24, 2010Michael L. Perlin (New York Law School; pictured) and Valerie Rae McClain have posted Unasked (and Unanswered) Questions About the Role of Neuroimaging in the Criminal Trial Process (American Journal of Forensic Psychology, Vol 28, 2009) on SSRN. Here is...
Today's Miranda Opinion in Maryland v. Shatzer
Posted on February 24, 2010is here. The syllabus: In 2003, a police detective tried to question respondent Shatzer, who was incarcerated at a Maryland prison pursuant to a prior conviction,about allegations that he had sexually abused his son. Shatzer invoked his Miranda right to...
Yesterday's Miranda Opinion in Florida v. Powell
Posted on February 24, 2010is here. The syllabus: In a pathmarking decision, Miranda v. Arizona, 384 U. S. 436, 471, this Court held that an individual must be ?clearly informed,? prior to custodial questioning, that he has, among other rights, ?the right to consult...
Bruhl on How Appellate Procedure Distributes the Costs of Legal Change
Posted on February 23, 2010Aaron-Andrew P. Bruhl (University of Houston Law Center) has posted Deciding When To Decide: How Appellate Procedure Distributes the Costs of Legal Change on SSRN. Here is the abstract: Legal change is a fact of life. The need to deal...
This Week's Criminal Law and Procedure Arguments
Posted on February 23, 2010Summary of issues from ScotusWiki: Tuesday United States v. O?Brien and Burgess: Whether the mandatory minimum sentence enhancement under 18 U.S.C. § 924(c)(1) to a 30-year minimum when the firearm is a machinegun is an element of the offense that...
Today's Criminal Law and Procedure Cert Grants
Posted on February 22, 2010Issue summaries from ScotusBlog, which also links to cert papers and opinions below: Los Angeles County v. Humphries: (1) For a claim for declaratory relief against a local public entity, must the plaintiff demonstrate that the constitutional violation was the...
Demeanor-Based Dismissal of Jurors
Posted on February 22, 2010The Court's summary reversal in Thaler v. Haynes is here, involving the special standards applicable in this habeas case. From the opening paragraph of the opinion: This case presents the question whether any decision of this Court ?clearly establishes? that...
Summary Reversal in Wilkins v. Gaddy
Posted on February 22, 2010is here. From the opinion: In Hudson v. McMillian, 503 U. S. 1, 4 (1992), this Court held that ?the use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not...
Top-Ten Recent SSRN Downloads
Posted on February 21, 2010are here. The usual disclaimers apply. Rank Downloads Paper Title 1 337 The Emerging Law of Detention: The Guantanamo Cases as Lawmaking Benjamin Wittes, Robert Chesney, Rabea Benhalim, Unaffiliated Authors - affiliation not provided to SSRN, University of Texas School...
"Plain view encourages violations of the Fourth Amendment"
Posted on February 20, 2010FourthAmendment.com has this post summarizing Judge Kozinski's diatribe against the plain-view exception in a dissent from denial of rehearing en banc in United States v. Lemus: How has it come to this? There?s a simple answer: Plain view is killing....
Nicholas on Confronting Hidden Declarants
Posted on February 19, 2010Peter Nicolas (University of Washington School of Law) has posted But What If the Court Reporter is Lying? The Right to Confront Hidden Declarants Found in Transcripts of Former Testimony on SSRN. Here is the abstract: In Crawford v. Washington,...
"F.B.I., Laying Out Evidence, Closes Anthrax Letters Case"
Posted on February 19, 2010The New York Times story is here. From the DOJ release: The investigative summary and the attachments are now accessible to the public and have been posted to the Justice Department Web site at www.usdoj.gov/amerithrax under the Freedom of Information...
Gershowitz on Jury Trials and Drunk Driving
Posted on February 18, 2010Adam M. Gershowitz (University of Houston Law Center) has posted Twelve Unnecessary Men: The Case for Eliminating Jury Trials in Drunk Driving Cases on SSRN. Here is the abstract: Over the last few decades, states have imposed tougher punishments on....
"University of Texas Symposium - White Collar Crime"
Posted on February 18, 2010Ellen Podgor has the story at White Collar Crime Prof Blog.
"Fourth Amendment news--Gov't collecting DNA from all?"
Posted on February 18, 2010This post at FourthAmendment.com links to this article questioning what is done with the results of DNA testing on infants.
Hessick on Race and Gender as Explicit Sentencing Factors
Posted on February 17, 2010Carissa Byrne Hessick (Arizona State, Sandra Day O'Connor College of Law) has posted Race and Gender as Explicit Sentencing Factors (Journal of Gender, Race and Justice, Vol. 13, 2010) on SSRN. Here is the abstract: This Symposium Article briefly traces...
Taslitz on Fourth Amendment Federalism and the American Poor
Posted on February 17, 2010Andrew E. Taslitz (Howard University - School of Law) has posted Fourth Amendment Federalism and the Silencing of the American Poor (Chicago-Kent Law Review, Forthcoming) on SSRN. Here is the abstract: In a recent case, Virginia v. Moore, the United....
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