Criminal Law

Today's Crim Law/Procedure Cert Grant

Posted on January 25, 2010
The Court granted cert in Abbott v. United States and Gould v. United States and consolidated the cases. Here is a description of the issues in Abbott from ScotusBlog, which also links to opinions below and cert papers: (1) Whether...

Per Curiam Opinion in Briscoe v. Virginia

Posted on January 25, 2010
is here. The one-paragraph opinion vacates the judgment below and remands for further proceedings not inconsistent with Melendez-Diaz v. Massachusetts.

Facelift for Westlaw and Lexis (Kolber)

Posted on January 25, 2010
According to the New York Times, Westlaw and Lexis are about to modernize their web interfaces. It's about time! The article is short on details, but having read it, I'm not very optimistic that the updates will be anything near...

Mirandizing Suspected Terrorists

Posted on January 25, 2010
Bill Otis at Crime and Consequences has this post criticizing the "knee-jerk default to a crime-and-punishment model" in dealing with suspected terrorists, commenting on the decision to Mirandize the Christmas-day bomber.

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Top-Ten Recent SSRN Downloads

Posted on January 24, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 216 Self-Defense Targetings of Non-State Actors and Permissibility of U.S. Use of Drones in Pakistan Jordan J. Paust, University of Houston - Law Center, Date posted to database: December...

"Biden Says U.S. Will Appeal Blackwater Case Dismissal"

Posted on January 24, 2010
The New York Times has the story here: BAGHDAD ? Vice President Joseph R. Biden Jr. promised Iraqi leaders on Saturday that the United States would appeal the dismissal of manslaughter charges against five Blackwater Worldwide security contractors involved in...

"Polanski loses bid to be sentenced in absentia"

Posted on January 23, 2010
The Los Angeles Times has this latest development here. While the state appellate court had suggested that Polanski seek to be sentenced in absentia, the trial court judge said he was "not bound" by the suggestion and would not sentence...

Risinger on the NAS Report on Forensic Science

Posted on January 22, 2010
D. Michael Risinger (Seton Hall University School of Law) has posted The NAS Report on Forensic Science: A Path Forward Frought with Pitfalls (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: American forensic science as an organized field...

Robinson & Hague on International Law and Responses to Unlawful Aggression

Posted on January 22, 2010
Paul H. Robinson (University of Pennsylvania Law School) and Adil Ahmad Haque (Rutgers, The State University of New Jersey - School of Law-Newark) have posted Justice & Deterrence in International Law: Improper Limitations on Responses to Unlawful Aggression on SSRN...

Crime and Punishment Symposium at Charleston School of Law

Posted on January 21, 2010
The dates are Feb. 18-19. Keynote address is by Bryan A. Stevenson, executive director, Equal Justice Initiative and professor, NYU School of Law. Panels include Functions of Criminal Punishment in Law and Society; Cruel and Unusual Punishment in the 21st...

"Federal courts effective in prosecuting terror suspects: report"

Posted on January 21, 2010
Jurist has the story here, summarizing a report from NYU's Center on Law and Security. The full report is here, highlights appear here.

Logan on the Adam Walsh Act

Posted on January 20, 2010
Wayne A. Logan (Florida State University College of Law) has posted The Adam Walsh Act and the Failed Promise of Administrative Federalism (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract: For advocates of federalism, these are uncertain...

Opinion in Wood v. Allen

Posted on January 20, 2010
is here. The syllabus: Under 28 U. S. C. §2254(d)(2), a federal court may grant a state prisoner habeas relief if his claim was adjudicated on the merits in state court and ?resulted in a decision . . . based...

Argument Transcript from Fair Cross-Section Habeas Case

Posted on January 20, 2010
The transcript in Berghuis v. Smith is here. Here is the description of the issue from ScotusWiki, which also links to briefs and the opinion below: Whether the Sixth Circuit erred in concluding that the Michigan Supreme Court failed to...

"The Honest Services Argument and the Culture of Deceit"

Posted on January 19, 2010
Bill Otis has this post at Crime and Consequences on the "honest services" fraud theory. In part: The case is a conundrum for conservatives. On the one hand, it features a criminal statute whose breadth seems rife with opportunities for...

Cloud Computing and the Fourth Amendment

Posted on January 19, 2010
FourthAmendment.com notes recent press attention to this student note, Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing, in the Minnesota Law Review. From FourthAmendment.com: As computer file storage expands offsite, what are the expectations...

GVR in Capital Case

Posted on January 19, 2010
In Wellons v. Hall, the Court granted cert, vacated, and remanded for reconsideration in light of Cone v. Bell. The opinion is here. Justice Scalia, joined by Justice Thomas, dissented, and Justice Alito, joined by the Chief Justice, dissented separately.

Supreme Court Issues Per Curiam Opinion in Court Closure Case

Posted on January 19, 2010
The opinion in Presley v. Georgia, reversing the trial court's exclusion of a spectator during criminal voir dire, is here. Justice Thomas dissented in an opinion joined by Justice Scalia.

Blakey on the Rise and Fall of the Mob

Posted on January 18, 2010
G. Robert Blakey (Notre Dame Law School) has posted Organized Crime: The Rise and Fall of the Mob on SSRN. Here is the abstract: Seeking a single definition of ?organized crime? is a futile quest. ?Organized crime? is a social...

Leo and Gould on Wrongful Convictions and Social Science

Posted on January 18, 2010
Richard A. Leo (Univrsity of San Francisco - School of Law; pictured) and Jon B. Gould have posted Studying Wrongful Convictions: Learning from Social Science (Ohio State Journal of Criminal Law, Vol. 7, 2009) on SSRN. Here is the abstract:...

Top-Ten Recent SSRN Downloads

Posted on January 17, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 217 Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004-2009 Mary Ellen O'Connell, Notre Dame Law School , Date posted to database: November 6, 2009 [2nd last...

Anthony and Findlay on Teaching Indigenous Issues in Criminal Law and Procedure

Posted on January 17, 2010
Thalia Anthony (University of Sydney - Faculty of Law) and Mark Findlay (University of Sydney - Institute of Criminology) have posted Teaching Indigenous Issues in Criminal Law and Criminal Procedure: Dispossession and Recognition on SSRN. Here is the abstract: This...

Humbach on Doubting Free Will

Posted on January 16, 2010
John A. Humbach (Pace University School of Law) has posted Doubting Free Will: Three Experiments on SSRN. Here is the abstract: This paper describes three experiments that cast doubt on the existence of free will. All deal with the phenomenon...

Ninth Circuit Opinion in Civil Case Related to False Confessions

Posted on January 16, 2010
The case, a high profile one from the San Diego area, is Crowe v. County of San Diego, and the opinion is here. The court reversed the district court's grant of partial summary judgment for the government entities and individuals...

Shelton on Admissibility of Social Science Evidence in Criminal Cases

Posted on January 16, 2010
Donald E. Shelton (Eastern Michigan University) has posted The Admissibility of Social Science Evidence in Criminal Cases on SSRN. Here is the abstract: The rapid development of emerging scientific methods, especially the increased understanding of deoxyribonucleic acid ("DNA"), has had,...

Dubber on Dignity (or Not) in American Criminal Law

Posted on January 15, 2010
Markus D. Dubber (University of Toronto - Faculty of Law) has posted Dignity in Penal Law and Penal Police on SSRN. Here is the abstract: This essay explores the significance, or rather insignificance, of the concept of dignity in American...

Klamberg on International Criminal Law and Legality

Posted on January 15, 2010
Mark Klamberg (Stockholm University - Faculty of Law) has posted International Criminal Law in Swedish Courts: The Principle of Legality in the Arklöv Case (International Criminal Law Review, Vol. 9, pp. 395-409, 2009) on SSRN. Here is the abstract: On...

Zahar on Closing Arguments and Joint Criminal Enterprise

Posted on January 15, 2010
Alexander Zahar (Griffith University - Griffith Law School) has posted How Judges Think: Strengthening Defence Approaches to Joint Criminal Enterprise and Closing Arguments (Annual Conference of the Defence Bar of the Court of Bosnia and Herzegovina, Sarajevo, December 12, 2009)...

Third DOJ Report on Deferred Prosecution and Non-Prosecution Agreements

Posted on January 15, 2010
Ellen Podgor has a post on this at White Collar Crime Prof Blog. The most recent report is here. Prior reports are here and here.

Tanovich on Sexual Misconduct Evidence in Canada

Posted on January 14, 2010
David M. Tanovich (University of Windsor - Faculty of Law) has posted Why Equality Demands that Prior Sexual Misconduct Evidence Be Presumptively Admissible in Sexual Assault Cases (SEXUAL ASSAULT LAW, PRACTICE & ACTIVISM IN A POST-JANE DOE ERA, Sheehy, ed...

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