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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

"Cruel and Unusual Punishments"

Posted on February 17, 2010
The post is at ReligiousLeftLaw.com inspired by the recent death of "criminal turned criminologist" John Irwin.

Chin & Linderbaum on the Supreme Court's Special Docket

Posted on February 16, 2010
Gabriel J. Chin (pictured) and Sara Lindenbaum (both of University of Arizona James E. Rogers College of Law) have posted Reaching Out to Do Justice: The Rise and Fall of the Special Docket of the U.S. Supreme Court on SSRN....

"An increase in the Court?s summary docket"

Posted on February 16, 2010
This post by Kevin Russell at ScotusBlog is especially interesting given how often the Court uses summary reversals in criminal cases--8 of the 9 summary reversals so far this term. In part: There is much speculation whether this trend will...

Reinert on Proportionality and Conditions of Confinement

Posted on February 15, 2010
Alex Reinert (Benjamin N. Cardozo School of Law -- Yeshiva University) has posted Eighth Amendment Gaps: Can Conditions of Confinement Litigation Benefit from Proportionality Theory? (Fordham Urban Law Journal, Vol. 36, p. 53, 2009) on SSRN. Here is the abstract:...

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Mikos on State Taxation of Marijuana Distribution

Posted on February 15, 2010
Robert A. Mikos (Vanderbilt University - School of Law) has posted Why Crime Doesn't Pay: Thoughts on State Taxation of Marijuana Distribution and Other Federal Crimes on SSRN. Here is the abstract: The financial crisis has breathed new life into...

"A Previous Death at the Hand of Alabama Suspect"

Posted on February 14, 2010
The New York Times reports here on allegations that the suspect's true culpability in the previous incident was covered up.

Top-Ten Recent SSRN Downloads

Posted on February 14, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 320 Am I a Price-Fixer? A Behavioral Economics Analysis of Cartels Maurice E. Stucke, University of Tennessee College of Law, Date posted to database: January 13, 2010 2 253...

Volokh on Nonlethal Weapons

Posted on February 13, 2010
Eugene Volokh has published Nonlethal Self Defense, (Almost Entirely) Nonlethal Weapons, and the Rights to Keep and Bear Arms and Defend Life at The Legal Workshop. It is drawn from his article in the Stanford Law Review and includes a...

"A Blue-Ribbon Look at Criminal Justice"

Posted on February 13, 2010
The New York Times editorial supporting the bill to form this commission is here. In part: Among the issues the commission would study is why the United States has the highest reported incarceration rate in the world. Prisons are filled...

Dervan on Bargaining in the Shadow of Terror

Posted on February 12, 2010
Lucian E. Dervan (Southern Illinois University School of Law) has posted Plea Bargaining in the Shadow of Terror: Plea Bargaining During the War on Terrorism and the Dual Chambers of the Plea Bargaining Machine on SSRN. Here is the abstract:...

Terrorism and Civilian Trials

Posted on February 12, 2010
Crime and Consequences notes and applauds this A.P. story: WASHINGTON - Attorney General Eric Holder is leaving open the possibility of trying professed Sept. 11 mastermind Khalid Sheikh Mohammed before a military commission instead of the civilian trial originally planned...

Bellin on Informing Juries of Consequences of Conviction

Posted on February 11, 2010
Jeffrey Bellin (Southern Methodist University - Dedman School of Law) has posted Is Punishment Relevant After All? A Prescription for Informing Juries of the Consequences of Conviction on SSRN. Here is the abstract: The American jury, once heralded as ?the...

Kirchmeier on Execution Competency and Comprehending Death

Posted on February 11, 2010
Jeffrey L. Kirchmeier (CUNY School of Law) has posted The Undiscovered Country: Execution Competency & Comprehending Death (Kentucky Law Journal, Vol. 98, pp. 263-299, 2009/2010) on SSRN. Here is the abstract: The United States Supreme Court has not created a...

Bilz on the Narrative Model of Judging

Posted on February 10, 2010
Kenworthey Bilz (Northwestern University - School of Law) has posted We Don't Want to Hear it: Psychology, Literature and the Narrative Model of Judging (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract: The ?narrative? model of...

"China high court limits use of death penalty"

Posted on February 10, 2010
Jurist has the story here.

Kovarsky on Death Ineligibility and Habeas

Posted on February 10, 2010
Lee Kovarsky (New York University) has posted Death Ineligibility and Habeas Corpus at The Legal Workshop, a piece based on an article by the same title in the Cornell Law Review. From the introduction: Death ineligibility claims . . ....

Medwed on Prosecutorial Charging and the Innocence Revolution

Posted on February 09, 2010
Daniel S. Medwed (University of Utah - S.J. Quinney College of Law) has posted Emotionally Charged: The Prosecutorial Charging Decision and the Innocence Revolution (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: Efforts to rectify wrongful convictions in...

"Cheek Swabs for Arrestees? DNA Likely Don?t Violate the Fourth Amendment ? Even Though Cheek Swabs of Pretrial Detainees Do Violate the Amendment"

Posted on February 09, 2010
Eugene Volokh has this interesting post at The Volokh Conspiracy.

"Former shot-caller is now spilling gang's secrets"

Posted on February 09, 2010
This interesting Los Angeles Times article by Sam Quinones is here. In part: Real said he fired in the air to scare onlookers as Renteria walked across the park and shot the parolee. (Renteria was charged last summer with Cordova's...

Suk on Rusk and Rape Reform

Posted on February 09, 2010
Jeannie Suk (Harvard University - Harvard Law School) has posted 'The Look in His Eyes': The Story of State v. Rusk and Rape Reform (CRIMINAL LAW STORIES, Robert Weisberg, Donna Coker, eds., 2010) on SSRN. Here is the abstract: This...

"A Mediocre Criminal, but an Unmatched Jailhouse Lawyer"

Posted on February 08, 2010
Adam Liptak has the column on this interesting journey at the New York Times.

Benforado on Overlooked Biases

Posted on February 08, 2010
Adam Benforado (Drexel University - Earle Mack School of Law) has posted Frames of Injustice: The Bias We Overlook (Indiana Law Journal, Vol. 85, forthcoming 2010) on SSRN. Here is the abstract: The Cultural Cognition Project (CCP) at Yale Law...

Bad (Allegedly)

Posted on February 08, 2010
The Los Angeles Times article on the not-guilty plea by Michael Jackson's physician to a charge of involuntary manslaughter is here. And the lyrics to Jackson's hit song "Bad" are here. In part: The Word Is Out You're Doin' Wrong...

Top-Ten Recent SSRN Downloads

Posted on February 07, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 303 Am I a Price-Fixer? A Behavioral Economics Analysis of Cartels Maurice E. Stucke, University of Tennessee College of Law, Date posted to database: January 13, 20102010 2 247...

"Retired Officers Raise Questions on Crime Data "

Posted on February 07, 2010
In other words, the US News rankings are not unique. From the New York Times: More than a hundred retired New York Police Department captains and higher-ranking officers said in a survey that the intense pressure to produce annual crime...

"Assassinating Americans, Killing the Constitution?"

Posted on February 06, 2010
Tobin Harshaw canvasses the chatter on this topic--essentially, one example of the question of the limits of the criminal model--at Opinionator.

"AG Defends Handling of Christmas Day Bomber"

Posted on February 06, 2010
ACSblog has this post laying out the administration's response to criticism of its handling of the case, including efforts to block a domestic trial.

Reinert on Public Interests and Fourth Amendment Enforcement

Posted on February 06, 2010
Alex Reinert (Benjamin N. Cardozo School of Law -- Yeshiva University) has posted Public Interest(s) and Fourth Amendment Enforcement (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract: Fourth Amendment events ? the recent arrest of Harvard...

"Federal judge questions immigration prosecutions"

Posted on February 06, 2010
Coverage from the Austin, TX, Statesman is here. Judge Sam Sparks opines that the expense of jailing those without significant criminal history cannot be justified. In this order, Judge Sparks advises prosecutors that he will require a statement of reasons...

A Current Mistake-of-Law Claim: "Haiti Charges Americans With Child Abduction"

Posted on February 05, 2010
The New York Times article is here. Reuters, which had a reporter in the session, said that all 10 of the detainees acknowledged to the prosecutor that they had apparently violated the law when they tried to take the children...

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