Wednesday 31 December 2014
Witherspoon on Policy Body Cameras
Pernell Witherspoon (Lindenwood University) has posted Police Body Cameras in Missouri: Good or Bad Policy? An Academic Viewpoint Seen Through the Lens of a Former Law Enforcement Official (Number 2 (Summer/Fall 2014) Missouri Policy Journal) on SSRN. Here is the...
Tuesday 30 December 2014
Rosenblat et al. on Inferences & Connections
Alex Rosenblat , Tamara Kneese and danah boyd (Data & Society , Data & Society and Data & Society) have posted Inferences & Connections (The Social, Cultural & Ethical Dimensions of “Big Data,” March 2014) on SSRN. Here is the...
Materni on Causation
Mike C. Materni has posted Rebooting the Discourse on Causation in the Criminal Law: A Pragmatic (and Imperfect) Approach (Criminal Law Bulletin, Volume 50 Issue 6, Winter 2014) on SSRN. Here is the abstract: Causation in the criminal law is...
Meixner & Rosenfeld on Memory Detection
John B. Meixner and J. Peter Rosenfeld (Northwestern University - School of Law and Northwestern University - Department of Psychology) have posted Detecting Knowledge of Incidentally Acquired, Real-World Memories Using a P300-Based Concealed-Information Test (Psychological Science, Vol. 25, No. 11,...
Monday 29 December 2014
Bellin on The Case for eHearsay
Jeffrey Bellin (William & Mary Law School) has posted The Case for eHearsay (Fordham Law Review, Vol. 83, No. 1317, 2014) on SSRN. Here is the abstract: This Essay is a contribution to the “Symposium on the Challenges of Electronic...
Rothstein on Confrontation
Paul F. Rothstein (Georgetown University Law Center) has posted Unwrapping the Box the Supreme Court Justices Have Gotten Themselves Into: Internal Confrontations over Confronting the Confrontation Clause (Howard Law Journal, Vol. 58, Forthcoming) on SSRN. Here is the abstract: Williams...
Sunday 28 December 2014
"Should a shoplifting conviction be an indelible scarlet letter? Not in California"
An op-ed from the L.A. Times: While Berkeley law students have been serving clean-slate clients, University of California researchers have been studying the results. We already know that clean-slate interventions increase a person's ability to get a job and provide...
Leo on The Justice Gap and the Promise of Criminological Research
Richard A. Leo (University of San Francisco - School of Law) has posted Paul Tappan Award Winner Keynote Address: The Justice Gap and the Promise of Criminological Research (15 Criminology, Criminal Justice, Law & Society 1 (2014)) on SSRN. Here...
Wednesday 24 December 2014
Yeager on Cop Killers
Daniel B. Yeager (California Western School of Law) has posted Cop Killers (48 Criminal Law Bulletin 428, 2012) on SSRN. Here is the abstract: The controlling purpose of this Article is to reach discovery or agreement on why police kill...
Tuesday 23 December 2014
Reece on Debating Rape Myths
Helen Reece (London School of Economics - Law Department) has posted Debating Rape Myths on SSRN. Here is the abstract: In a recent article, I argued that the regressiveness of current public attitudes towards rape has been overstated, suggesting that,...
Morrison on Strictissimi Juris
Steven R. Morrison (University of North Dakota School of Law) has posted Strictissimi Juris on SSRN. Here is the abstract: Courts and scholars uniformly reject guilt by association, but couch it only as the substantive due process right to individual,...
Monday 22 December 2014
Chin et al. on Mistake of Law and the Model Penal Code
Gabriel J. Chin , Reid G. Fontaine , Nicholas Klingerman and Melody Gilkey (University of California, Davis - School of Law , Florida State University , University of Arizona - James E. Rogers College of Law and University of Arizona...
Davies on Holmes, Coase & Blackmail
Ross E. Davies (George Mason University School of Law) has posted Holmes, Coase & Blackmail (Green Bag 2d, Vol. 18, No. 1, pp. 93-104, Autumn 2014) on SSRN. Here is the abstract: From beginning to end, the Holmes-versus-Milverton story is...
Ross on Racial Bias in Police Shootings
Cody Ross has posted Introducing the United States Police-Shooting Database: A Multi-Level Bayesian Analysis of Racial Bias in Police Shootings at the County-Level in the United States, 2011-2014 on SSRN. Here is the abstract: Several months ago, Kyle Wagner began...
Sunday 21 December 2014
Ritter on The Legacy of the Rubin Carter Case
Judith L. Ritter (Widener University - School of Law) has posted After the Hurricane: The Legacy of the Rubin Carter Case (Hastings College of the Law, U of California, Hastings Race and Poverty Law Journal, v. 12, 2015) on SSRN....
Friday 19 December 2014
Kitzmueller on Enforcement of Police Videotaping
Martina Kitzmueller (University of New Mexico - School of Law) has posted Are You Recording This?: Enforcement of Police Videotaping (Connecticut Law Review, Vol. 47, No. 1, 2014) on SSRN. Here is the abstract: Increasing numbers of police departments equip...
Wasserman on Moral Panics and Body Cameras
Howard M. Wasserman (Florida International University (FIU) - College of Law) has posted Moral Panics and Body Cameras (Wash. U. L. Rev. Commentaries (Nov. 18, 2014), Wash. U. L. Rev. (2015 Forthcoming)) on SSRN. Here is the abstract: This Commentary...
Thursday 18 December 2014
Rose on Criminal and Civil Enforcement of Corporate Law
Amanda M. Rose (Vanderbilt University - Law School) has posted Public Enforcement: Criminal versus Civil (Draft chapter, Oxford Handbook of Corporate Law and Governance (J. Gordon and G. Ringe eds.), Oxford University Press, Forthcoming) on SSRN. Here is the abstract:...
McCarl on Vagueness
Ryan McCarl has posted Incoherent and Indefensible: An Interdisciplinary Critique of the Supreme Court's Void-for-Vagueness Doctrine (Hastings Constitutional Law Quarterly, Vol. 42, No. 1, Fall 2014) on SSRN. Here is the abstract: The Supreme Court’s “void-for-vagueness” (or simply “vagueness”) doctrine,...
Wednesday 17 December 2014
Joh on DNA from Misdemeanor Arrestees
Elizabeth E. Joh (U.C. Davis School of Law) has posted Should Arrestee DNA Databases Extend to Misdemeanors? (Recent Advances in DNA & Gene Sequences, 2015, Forthcoming) on SSRN. Here is the abstract: The collection of DNA samples from felony arrestees...
Imwinkelried on Evidence of a Third Party's Guilt
Edward J. Imwinkelried (University of California, Davis - School of Law) has posted Evidence of a Third Party's Guilt of the Crime that the Accused is Charged with: The Constitutionalization of the SODDI (Some Other Dude Did It) Defense 2.0...
Tuesday 16 December 2014
"Survey: Teen marijuana use declines even as states legalize"
Doug Berman at Sentencing Law & Policy excerpts an article from USA Today. In part: Marijuana use among teens declined this year even as two states, Colorado and Washington, legalized the drug for recreational use, a national survey released Tuesday...
Counsel's responsibility for failures of mitigation specialist
Marianna Brown Bettman (Cincinnati) has this post at Legally Speaking Ohio discusing a recent Ohio Supreme Court opinion in a death penalty case. In part: The holding in this case is very simple. It is the responsibility of trial counsel...
Redford & Powell on Dynamics of Intervention in the War on Drugs
Audrey Redford and Benjamin W. Powell (Texas Tech University - Free Market Institute and Texas Tech University - Free Market Institute) have posted Dynamics of Intervention in the War on Drugs: The Build-Up to the Harrison Act of 1914 on...
Johnson on Dynamic Incorporation of Criminal Law's General Part
Eric Alan Johnson (University of Illinois College of Law) has posted Dynamic Incorporation of the General Part: Criminal Law's Missing (Hyper)Link (UC Davis Law Review, Vol. 48, 2015, Forthcoming) on SSRN. Here is the abstract: In theory, the law that...
Saturday 13 December 2014
Yesterday's criminal law/procedure cert grant
Issue summary is from ScotusBlog, which also links to papers: Toca v. Louisiana: 1) Does the rule announced in Miller v. Alabama apply retroactively to this case? 2) Is a federal question raised by a claim that a state collateral...
Friday 12 December 2014
"2012 killings in Hernandez case out"
From ESPN: Prosecutors in a murder case against Aaron Hernandez won't be allowed to tell a jury about two other killings with which the ex-New England Patriot is charged or the final text messages the victim sent to his sister,...
Sundby on The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty's Unraveling
Scott E. Sundby (University of Miami School of Law) has posted The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty's Unraveling (William & Mary Bill of Rights, Vol. 23, (2014 Forthcoming)) on...
McConkie on Pre-Plea Criminal Discovery
Daniel S. McConkie Jr. has posted Structuring Pre-Plea Criminal Discovery (Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract: Ninety-seven percent of federal defendants plead guilty, and they rely on prosecutors for much of the information...
Verstein on Violent White-Collar Crimes
Andrew Verstein (Wake Forest University School of Law) has posted Violent White-Collar Crime (Wake Forest Law Review, Vol. 49, pp. 873-887, 2014) on SSRN. Here is the abstract: It is orthodox to divide the universe of crimes according to their...
Thursday 11 December 2014
Criticism of California opinion admitting statement notwithstanding officer's promise that it would not be used
Shaun Martin at California Appellate Report says: The Court of Appeal affirms the conviction notwithstanding the promises on the basis of wiggle room in the officer's representations to the kid. So, yeah, the officer repeatedly promised that whatever was said...
"Cell phones exempt from the automobile search exception, Ninth Circuit rules"
Orin Kerr has this post at The Volokh Conspiracy. In part: I don’t know if the issue is important enough to grab the SG’s attention in light of Riley, but it seems like there’s a split on the broad issue...
Methven on Summary Offenses
Elyse Methven (University of Technology Sydney, Faculty of Law) has posted 'A Very Expensive Lesson': Counting the Costs of Penalty Notices for Anti-Social Behaviour ((2014) 26(2) Current Issues in Criminal Justice 249) on SSRN. Here is the abstract: In March...
"Dollree Mapp, Who Defied Police Search in Landmark Case, Is Dead"
The story is in The New York Times, with interesting information about Ms. Mapp's post-landmark run in with authorities: In 1968, Ms. Mapp moved from Cleveland to Queens. Two years later she was charged with possession of narcotics. Convicted in...
Wednesday 10 December 2014
aliverti on Criminal Law in Immigration Enforcement
ana aliverti (University of Warwick - School of Law) has posted Making People Criminal: The Role of the Criminal Law in Immigration Enforcement (Theoretical Criminology. 16 (4), November 2012) on SSRN. Here is the abstract: This article analyses the recent...
Beletsky on Law Enforcement and Opioid Overdose Response
Leo Beletsky (Northeastern University - School of Law; Northeastern University - Bouvé College of Health Sciences) has posted Engaging Law Enforcement in Opioid Overdose Response: Frequently Asked Questions (Bureau of Justice Assistance, Law Enforcement Naloxone Toolkit (2014)) on SSRN. Here...
Sunday 7 December 2014
"Mark Wahlberg should not be pardoned"
This commentary is at The Week: In April 1988, Mark Wahlberg, 16, set upon a Vietnamese immigrant named Thanh Lam, and, with a wooden stick, beat him so severely that Lam fell to the ground, unconscious. Later that night, according...
"Duty to retreat ‘to the wall’"
Eugene Volokh has this post at The Volokh Conspiracy, excerpting the case report from which the phrase originated--not as a metaphor, but because the case involved retreating to an actual wall.
Saturday 6 December 2014
"Seen It All Before: 10 Predictions About Police Body Cameras"
From The Atlantic: But a debate very similar to the one around body cameras has happened before. Two decades ago, law enforcement agencies—and activists hoping to change them—argued about a different kind of mass video surveillance. That technology was not...
"California DNA collection law struck down"
From Jurist: California's First District Court of Appeals [official website] on Wednesdaystruck down [opinion, PDF] a California law which requires the collection of DNA from anyone arrested on suspicion of committing a felony. The case had been remanded from the...
Friday 5 December 2014
Zarrow & Milliken on Retroactivity of Substantive Rules on Collateral Review
Jason Zarrow and William Milliken have posted The Retroactivity of Substantive Rules to Cases on Collateral Review and the AEDPA, with a Special Focus on Miller v. Alabama (Indiana Law Review, Forthcoming) on SSRN. Here is the abstract: Teague v....
Mackey et al. on Mexico's Drug Policy Reform
Tim Mackey , Daniel Werb , Leo Beletsky , Gudelia Rangel , Jaime Arredondo and Steffanie A. Strathdee (University of California, San Diego (UCSD) - Department of Anesthesiology , University of California, San Diego – School of Medicine, Division of...
Analyses of the Garner grand jury's decision
Sean Davis has a post at The Federalist, arguing that probable cause existed to indict for reckless manslaughter, as the officer used a restraining technique that had previously been explicitly banned by the department because of its ability to cause...
Thursday 4 December 2014
Haugh on Overcriminalization
Todd Haugh (Indiana University - Kelley School of Business) has posted SOX on Fish: A New Harm of Overcriminalization (Northwestern University Law Review Online, Vol. 109, Forthcoming) on SSRN. Here is the abstract: The harms of overcriminalization are usually thought...
Schmelzer on Boumediene v. Bush
Dennis Schmelzer has posted Historically Unappealing: Boumediene v. Bush, Appellate Avoidance Mechanisms, and Black Holes Extending Beyond Guantanamo Bay (William & Mary Bill of Rights, Forthcoming) on SSRN. Here is the abstract: This article revisits the historical questions raised by...
Robinson on The Rise and Fall and Resurrection of American Criminal Codes
Paul H. Robinson (University of Pennsylvania Law School) has posted The Rise and Fall and Resurrection of American Criminal Codes on SSRN. Here is the abstract: This brief essay summarizes the virtues of the modern American codification movement of the...
Wednesday 3 December 2014
"CA Lawmaker Offers New Bill to Regulate Drones"
FourthAmendment.com links to and excerpts this article from The Recorder: A state lawmaker has revived legislation to curb public agencies’ use of drones just two months after Gov. Jerry Brown vetoed a bill with nearly identical aspirations. Assemblywoman Nora Campos,...
"No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer"
From The New York Times: A Staten Island grand jury voted on Wednesday not to bring criminal charges in the death of Eric Garner, a black man who died after being placed in a chokehold by a white police officer,...
Toone on The Absence of Agency in Indigent Defense
Robert E. Toone has posted The Absence of Agency in Indigent Defense (American Criminal Law Review, Vol. 52, No. 25, 2015) on SSRN. Here is the abstract: Despite the fact that courts routinely hold indigent criminal defendants responsible for the...
Miller on The Compliance Function
Geoffrey P. Miller (New York University School of Law) has posted The Compliance Function: An Overview on SSRN. Here is the abstract: The compliance function consists of efforts organizations undertake to ensure that employees and others associated with the firm...
Tuesday 2 December 2014
"What Death Penalty Opponents Don’t Get"
Doug Berman at Sentencing Law & Policy has this post excerpting and commenting on this piece at The Huffington Post. From his comments: I find compelling the assertion that some (many?) LWOP sentences can often involve a fate worse than...
"Prosecuting Police Misconduct"
Erwin Chemerinsky (Irvine) has this post at ACSBlog. In part: Over a decade ago, I did a report on the Los Angeles Police Department in the wake of the Rampart scandal where officers planted evidence on innocent people and then...
Jones & Rankin on Subconscious Bias in Sentencing
Craig Jones and Micah B. Rankin (Thompson Rivers University and Thompson Rivers University, Faculty of Law) have posted Justice as a Rounding Error? Evidence of Subconscious Bias in Second-Degree Murder Sentences in Canada on SSRN. Here is the abstract: There...
"Drug-Planting Case Against Cops Proceeds"
FourthAmendment.com excerpts and links to this article from Courthouse News Service: Allison Ross sued the sheriff, her crime lab and 12 officers in April, claiming that officers’ dashboard camera and audio caught the deputies conspiring to plant drugs after their...
Monday 1 December 2014
Turner on the Exclusionary Rule
Jenia Iontcheva Turner (Southern Methodist University - Dedman School of Law) has posted The Exclusionary Rule as a Symbol of the Rule of Law (Southern Methodist University Law Review, Vol. 67, 2014) on SSRN. Here is the abstract: Throughout South...
Wong on The Effect of Child Support Enforcement on Crimes
Ho-Po Crystal Wong (West Virginia University- Department of Economics) has posted Does Stricter Child Support Enforcement Create More Criminal Dads? A Study of the Effect of Child Support Enforcement Policy on Crimes on SSRN. Here is the abstract: The Personal...
Tuerkheimer on Confrontation and Domestic Violence
Deborah Tuerkheimer (Northwestern University - School of Law) has posted Confrontation and the Re-Privatization of Domestic Violence (113 Mich. L. Rev First Impressions 32 (2014)) on SSRN. Here is the abstract: When the Supreme Court transformed the right of confrontation...
Abuznaid et al. on "Stand Your Grounds" Laws
Ahmad Abuznaid , Caroline Bettinger-Lopez , Charlotte Cassel and Meena Jagannath (Dream Defenders , University of Miami - School of Law , University of Miami - School of Law and Florida Legal Services Inc. - Community Justice Project) have posted...
Sunday 30 November 2014
"Latest New York recidivism numbers provide more to be thankful for"
Doug Berman at Sentencing Law & Policy excerpts and links to the article.
Saturday 29 November 2014
Next week's criminal law/procedure arguments
Issue summaries are from ScotusBlog, which also links to papers: Monday Elonis v. U.S.: (1) Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's...
Stinneford on Dividing Crime, Multiplying Punishment
John F. Stinneford (University of Florida Levin College of Law) has posted Dividing Crime, Multiplying Punishments (48 U.C. DAVIS L. REV. __ (2015 Forthcoming)) on SSRN. Here is the abstract: When the government wants to impose exceptionally harsh punishment on...
Friday 28 November 2014
Kuersten on Sexual Assault in the Military
Andreas Kuersten has posted Sexual Assault and the Military Petri Dish (Joint Force Quarterly, vol. 74, no. 3, pp. 91-97 (2014)) on SSRN. Here is the abstract: The military is held to a higher standard in preventing sexual assault and...
"Nearly a year into clemency initiative, turkeys remain more likely to get Prez Obama pardon than people"
Doug Berman has this post at Sentencing Law & Policy. In part: At the risk of being a holiday party pooper, I cannot help but note that it has now been a full 10 months since the Obama Administration publicly...
Thursday 27 November 2014
Assy & Menashe on Risk Assessment in Israel's Parole Law
Rabeea Assy and Doron Menashe Sr. (University of Haifa - Faculty of Law and University of Haifa - Faculty of Law) have posted The Catch-22 in Israel's Parole Law (Criminal Justice and Behavior, Volume 41, pp 1422-1436 (2014)) on SSRN....
Wednesday 26 November 2014
More commentary on Ferguson grand jury
At Slate, "Shadow Trial": This move to morph a grand jury inquiry, which is typically a short rundown of the case for the prosecution, into a trial-like parade of mountains of evidence raises serious issues about the rights of Michael...
"Cleveland video shows police shot boy within seconds"
From Reuters: Cleveland officials on Wednesday released a video of the fatal police shooting of a 12-year-old boy that shows him pointing a pellet gun around a park before police arrive and shoot him within two seconds. Tamir E. Rice...
When the ham sandwich speaks: "Suspect testimony in the grand jury room"
Orin Kerr has this incisive post discussing the Ferguson grand jury and co-blogger Paul Cassell's view at The Volokh Conspiracy. In part: Paul writes: “Only if there was good reason to discount [Wilson's] testimony, should the grand jury have returned...
Meares on Stop and Frisk as a Program
Tracey L. Meares (Yale University - Law School) has posted Programming Errors: Understanding the Constitutionality of Stop and Frisk as a Program, not an Incident on SSRN. Here is the abstract: This essay takes seriously the relevance of law enforcement...
Lott on Deterring Crime Through Private Security Efforts
John R. Lott Jr. (Crime Prevention Research Center) has posted Comment on 'The Deterrence of Crime Through Private Security Efforts: Theory and Evidence' on SSRN. Here is the abstract: Unfortunately, many who have examined the impact of so-called "shall-issue" or...
Leighton with a case study of corporate wrongdoing
Paul Leighton (Eastern Michigan University - Dept of Sociology, Anthropology & Criminology) has posted Mass Salmonella Poisoning by the Peanut Corporation of America on SSRN. Here is the abstract: In late 2008, the Centers for Disease Control and Prevention first...
Tuesday 25 November 2014
"Woman Who Faked Son's Cancer Gets Probation [and 90 nights in jail]"
From the Colorado Springs Gazette: Nguyen pleaded guilty in September to one count each of charitable fraud and child abuse. Police say she convinced her son, family and others in the community that the boy had leukemia and had been...
"Rand Paul: The Politicians Are To Blame in Ferguson"
From Time: In the search for culpability for the tragedy in Ferguson, I mostly blame politicians. Michael Brown’s death and the suffocation of Eric Garner in New York for selling untaxed cigarettes indicate something is wrong with criminal justice in...
Luther on Felon Firearm Rights Restoration
Robert Luther III has posted The Quiet Army: Felon Firearm Rights Restoration in the Fourth Circuit (23 William & Mary Bill of Rights Journal 237 (2014)) on SSRN. Here is the abstract: This article discusses the restoration of firearm rights...
Oehme, Stern & Mennicke on Women Law Enforcement Officer and Campus Sexual Assaults
Karen Oehme , Nat Stern and Annelise Mennicke (Florida State University College of Social Work, Institute for Family Violence Studies , Florida State University - College of Law and Florida State University - College of Social Work) have posted A...
"It’s Incredibly Rare For A Grand Jury To Do What Ferguson’s Just Did"
This post is at FiveThirtyEight. In part: There are at least three possible explanations as to why grand juries are so much less likely to indict police officers. The first is juror bias: Perhaps jurors tend to trust police officer...
Monday 24 November 2014
"California man's conviction in 1978 murder overturned on DNA evidence"
From Reuters: A California man who spent more than 30 years in prison for a 1978 murder was ordered released on Monday by a judge who overturned his conviction based on DNA analysis and investigative reports that were withheld from...
"Will Texas Kill an Insane Man?"
Doug Berman at Sentencing Law & Policy links to and excerpts this piece from The New York Times. In part: On Dec. 3, Texas plans to execute an inmate named Scott Panetti, who was convicted in 1995 for murdering his...
Gibson & Lain on Death Penalty Drugs
James Gibson and Corinna Lain (University of Richmond School of Law and University of Richmond - School of Law) has posted Death Penalty Drugs and the International Moral Marketplace (Georgetown Law Journal, Vol. 103, 2015 (Forthcoming)) on SSRN. Here is...
Steinhoff on Self Defense
Uwe Steinhoff (University of Hong Kong - Department of Politics and Public Administration) has posted What Is Self-Defense? (Public Affairs Quarterly, Forthcoming) on SSRN. Here is the abstract: In this paper, I will provide a conceptual analysis of the term...
Prosecutorial discretion
Not surprisingly, a couple of posts: this one at The Volokh Conspiracy, and this one at ACSLaw.Blog.
Sunday 23 November 2014
Langos on Sexting
Colette Langos (University of South Australia - School of Law) has posted Sexting: Time for Some Changes to the Law? ((2014) 36 (10) The Bulletin, 18-20) on SSRN. Here is the abstract: Policy makers have, quite rightly, approached management of...
Saturday 22 November 2014
"[NC] Judge unseals info on secret cellphone spying"
FourthAmendment.com excerpts and links to this article from The Hill: A judge Friday unsealed a trove of court documents that could shed light on a secret cellphone tracking program used by police nationwide. . . . Included are 529 requests...
"Thousands of Criminals, on the Way Back to Your Neighborhood"
Bill Otis has this post at Crime & Consequences. In part: Whether President Obama has the authority to allow the effective nullification of our immigration statutes through executive order is an interesting subject, about which I may have more to...
"Unlawful Assembly Arrests in Ferguson"
The story is in The New York Times: Three people were charged with unlawful assembly overnight in protests in Ferguson, Mo., law enforcement authorities said early Saturday, as the St. Louis region awaits a grand jury’s decision on whether to...
Friday 21 November 2014
"The FBI Is Very Excited About This Machine That Can Scan Your DNA in 90 Minutes"
FourthAmendment.com links to and excerpts this piece from Mother Jones. In part: Schueren grabbed a cotton swab and dropped it into a plastic cartridge. That's what, say, a police officer would use to wipe the inside of your cheek to...
"Duty to retreat before using deadly force against would-be killer — but not against would-be robber"
Eugene Volokh has this post at The Volokh Conspiracy, discussing and expressing puzzlement at the apparent implications of New York statutes.
Morris & Robinson on The Neuroscientific Case Against Retributive Justice
Stephen Morris and Robert C. Robinson (Independent and City University of New York (CUNY)) have posted The Neuroscientific Case Against Retributive Justice on SSRN. Here is the abstract: Retributive Justice is the theory of justice according to which individuals are...
Thursday 20 November 2014
Skopek on Reasonable Expectations of Anonymity
Jeffrey M. Skopek (University of Cambridge - Faculty of Law) has posted Reasonable Expectations of Anonymity (Virginia Law Review, Vol. 101, 2015, Forthcoming) on SSRN. Here is the abstract: The Supreme Court has concluded that the Fourth Amendment's protections do...
"The ‘heat of passion’ voluntary manslaughter theory"
Eugene Volokh has this interesting post at The Volokh Conspiracy. In part: The voluntary manslaughter post on Wednesday led to an interesting exchange with a colleague. Is the notion that certain kinds of killings in the “heat of passion” can...
Perlin on Mental Disability, Prosecutorial Misconduct, and the Death Penalty
Michael L. Perlin (New York Law School) has posted 'Power and Greed and the Corruptible Seed': Mental Disability, Prosecutorial Misconduct, and the Death Penalty on SSRN. Here is the abstract: The Supreme Court’s death penalty jurisprudence is based in large...
Wednesday 19 November 2014
"Judge threatens detective with contempt for declining to reveal cellphone tracking methods"
FourthAmendment.com links to and excerpts this article from the Baltimore Sun. In part: Baltimore prosecutors withdrew key evidence in a robbery case Monday rather than reveal details of the cellphone tracking technology police used to gather it. The surprise turn...
"California Can't Enforce Rules Tracking Sex Offenders Online"
How Appealing links to this article discussing a recent Ninth Circuit case.
Kupfer on the ACCA
Avi M. Kupfer has posted A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle (113 Michigan Law Review 151 (2014)) on SSRN. Here is the abstract: For thirty years, the Armed Career Criminal Act (“ACCA”) has imposed a...
Tuesday 18 November 2014
"Bill to Restrict N.S.A. Data Collection Blocked in Vote by Senate Republicans"
From The New York Times: Senate Republicans on Tuesday blocked a sweeping overhaul of the once-secret National Security Agency program that collects records of Americans’ phone calls in bulk. Democrats and a handful of Republicans who supported the measure failed...
Cusack on Juveniles and Therapeutic Justice
Carmen M. Cusack (Nova Southeastern University) has posted Kent Make-Up Their Minds: Juveniles, Mental Illness, and the Need for Continued Implementation of Therapeutic Justice within the Juvenile Justice and Criminal Justice Systems (American University Journal of Gender, Social Policy &...
"Judges impose rare, stricter requirement for “stingray” use by police"
FourthAmendment.com links to and excerpts and links to an article: Judges in Pierce County, Washington, have now begun requiring law enforcement agencies to ask for specific permission when using a cell site simulator, commonly known as a “stingray,” according to...
Tonry on Falling Crime Rates
Michael Tonry (University of Minnesota - Twin Cities - School of Law) has posted Why Crime Rates Are Falling Throughout the Western World (43 Crime & Justice, Forthcoming) on SSRN. Here is the abstract: Crime rates have moved in parallel...
Monday 17 November 2014
Miller & Segal on Female Officers and Law Enforcement Quality
Amalia R. Miller and Carmit Segal (University of Virginia (UVA) - Department of Economics and University of Zurich - Department of Economics) have posted Do Female Officers Improve Law Enforcement Quality? Effects on Crime Reporting and Domestic Violence Escalation on...
Shealy on Trickery in Interrogations
Miller W. Shealy Jr. (Charleston School of Law) has posted The Hunting of Man: Lies, Damn Lies, and Police Interrogations (University of Miami Race & Social Justice Law Review, Vol. 4, 2014) on SSRN. Here is the abstract: The job...
Yeager on Accidents
Daniel B. Yeager (California Western School of Law) has posted What is an Accident? (51(3) Criminal Law Bulletin __ (2015 Forthcoming)) on SSRN. Here is the abstract: Who has not heard or deployed the homely, everyday excuse “it was an...
Sunday 16 November 2014
"Examining Crawford after a decade"
Doug Berman at Sentencing Laww & Policy links to this new on-line symposium titled "Crawford v. Washington: A Ten Year Retrospective," at First Impressions, the online companion to the Michigan Law Review.
Saturday 15 November 2014
Minteh on Narco-Terrorism
Binneh S. Minteh (Rutgers, The State University of New Jersey) has posted Narco-Terrorism - A Risk Assessment of Global Terrorist Linkages to the International Drug Trade on SSRN. Here is the abstract: Global security analysts have exhaustively examined the nexus...
"For Ferguson Grand Jury, Details and Responsibilities Are Abundant"
From The New York Times: Routinely, grand juries are virtual rubber stamps for prosecutors, approving the proposed indictments after hearing from a few witnesses and getting the bare outlines of the incriminating evidence. But the Ferguson case, laden with incendiary...
"California Becomes 1st State to Abolish Gay Panic Defense"
Colin Miller has this post at EvidenceProf Blog. In part: Some defendants, such as Brandon McInerny, have been able to claim that learning about the gender or sexual orientation of their victim constitutes sufficient legal provocation. Last month, however, the...
Friday 14 November 2014
Prieger & Kulick on Violence in Illicit Markets
James E. Prieger and Jonathan Kulick (Pepperdine University - School of Public Policy and Pepperdine University - School of Public Policy) have posted Violence in Illicit Markets: Unintended Consequences and the Search for Paradoxical Effects of Enforcement on SSRN. Here...
Thursday 13 November 2014
"Massey ex-CEO indicted over fatal 2010 West Virginia mine blast"
From Reuters: Donald Blankenship, a former chief executive of Massey Energy Co, was indicted on Thursday on charges he violated federal mine safety laws prior to the April 2010 explosion that killed 29 miners at the company's Upper Big Branch...
Humbach on Revenge Porn Laws
John A. Humbach (Pace University School of Law) has posted How to Write a Constitutional 'Revenge Porn' Law on SSRN. Here is the abstract: Most of the recently enacted revenge-porn laws are content-based regulations of speech. They are, as such,...
Wednesday 12 November 2014
Gehi & Munship on the Impact of VAWA and Hate Crimes Legislation on Asian-American Communities
Pooja S. Gehi and Soniya Munshi have posted Connecting State Violence and Anti-Violence: An Examination of the Impact of VAWA and Hate Crimes Legislation on Asian American Communities (Asian American Law Journal, Vol. 21, 2014) on SSRN. Here is the...
Eldred review of Ponsor's The Hanging Judge
Tigran Eldred (New England Law | Boston) has posted Fact and Fiction: The Hanging Judge by Michael Ponsor (New England Law Review on Remand, Vol. 48, p. 61, 2014) on SSRN. Here is the abstract: This essay reviews the debut...
Light et al. on Citizenship and Punishment
Michael T. Light , Michael Massoglia and Ryan D. King (Purdue University , University of Wisconsin - Madison - Department of Sociology and State University of New York (SUNY) - Sociology) have posted Citizenship and Punishment: The Salience of National...
Tuesday 11 November 2014
Delgado on Law's Violence
Richard Delgado (University of Alabama - School of Law) has posted Law's Violence: Derrick Bell's Next Article (University of Pittsburgh Law Review, 2014, Forthcoming) on SSRN. Here is the abstract: Written for a symposium honoring Derrick Bell, Law's Violence identifies...
"Massachusetts school deploys 'shooter detection system'"
From Reuters: A Massachusetts school has introduced a security system designed to alert authorities and administrators when shots are fired in the building, the first of its kind in the United States, according to the manufacturer. The technology, adapted from...
"Did the Innocence Project Frame an Innocent Man?"
Kent Scheidegger at Crime & Consequences links to and excerpts an article from the Milwaukee Journal-Sentinel. From his commentary: An important change in the public perception of capital punishment occurred about 15 years ago as stories of death row inmates...
Plater & Milne on Capital Punishment of Females in Colonial Australia
David Plater and Sue Milne (University of South Australia - School of Law and School of Law - University of South Australia) have posted 'All That's Good and Virtuous or Depraved and Abandoned in the Extreme'? Capital Punishment and Mercy...
Monday 10 November 2014
Tuerkheimer on Consent and Rape
Deborah Tuerkheimer (Northwestern University - School of Law) has posted Consent Culture and the Forgotten Law of Rape on SSRN. Here is the abstract: The need for institutional reform to address the problem of sexual assault, particularly on college campuses,...
Kahan on Cognition
Dan M. Kahan (Yale University - Law School) has posted Laws of Cognition and the Cognition of Law (Cognition, Forthcoming) on SSRN. Here is the abstract: This paper presents a compact synthesis of the study of cognition in legal decisionmaking....
Perrin on Canada's New Prostitution Laws
Benjamin Perrin (University of British Columbia) has posted How to Make Canada's New Prostitution Laws Work (The Macdonald-Laurier Institute Commentary, October 2014) on SSRN. Here is the abstract: Bill C-36 (Protection of Communities and Exploited Persons Act) marks a turning...
Sunday 9 November 2014
"Impact of California's Prop 47 already being felt ... by defense attorneys and police"
Doug Berman has this post at Sentencing Law & Policy, excerpting an article from a California newspaper.
Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 376 Brady's Blind Spot: Impeachment Evidence in Police Personnel Files and the Battle Splitting the Prosecution Team Jonathan Abel Stanford Law School - Constitutional Law...
Saturday 8 November 2014
"Magistrate issues arrest warrants for 17 years but is new to “probable cause”"
Orin Kerr has this post at The Volokh Conspiracy. In part: Here’s a remarkable case from the Ohio Supreme Court, State v. Hoffman, involving an unconstitutional arrest warrant. The defendant was arrested for a misdemeanor based on a defective arrest...
Friday 7 November 2014
Jones on Victims in Plea Bargaining
Elizabeth N. Jones (Western State College of Law) has posted The Ascending Role of Crime Victims in Plea-Bargaining and Beyond (West Virginia Law Review, Vol. 117, No. 100, 2014) This Article looks to the nationwide trend of promoting a victims’...
DiSanto on Identity Crimes and the First Amendment
Philip F. DiSanto has posted Blurred Lines of Identity Crimes: Intersection of the First Amendment and Federal Identity Fraud (Columbia Law Review, Forthcoming) on SSRN. Here is the abstract: Several recent high-profile criminal cases have highlighted the dynamic nature of...
Garrett on Rehabilitating Corporations
Brandon L. Garrett (University of Virginia School of Law) has posted Rehabilitating Corporations (Florida Law Review Forum, Vol. 66, 2014) on SSRN. Here is the abstract: A central goal of federal prosecutors is to rehabilitate corporations, and not just to...
Wednesday 5 November 2014
Lamparello & MacLean on Riley v. California
Adam Lamparello and Charles E. MacLean (Indiana Tech - Law School and Indiana Tech Law School) have posted Riley v. California: The New Katz or Chimel? (Richmond Journal of Law and Technology, 2014 Forthcoming) on SSRN. Here is the abstract:...
Ley & Verhovek on The Political Foundations of Miranda and Quarles
Aaron J. Ley and Gordie Verhovek (University of Rhode Island and University of California, Berkeley) have posted The Political Foundations of Miranda v. Arizona and the Quarles Public Safety Exception on SSRN. Here is the abstract: When Dzhokhar Tsaernaev was...
Tuesday 4 November 2014
Sepinwall on Corporate Criminal Liability
Amy J. Sepinwall (University of Pennsylvania - Legal Studies Department) has posted two pieces on SSRN about corporate criminal liability. The first is Responsible Shares and Shared Responsibility: In Defense of Responsible Corporate Officer Liability. Here is the abstract: When...
Roth on Entrapment
Jessica A Roth (Benjamin N. Cardozo School of Law) has posted The Anomaly of Entrapment (Washington University Law Review, Vol. 91, No. 4, 2014) on SSRN. Here is the abstract: Now in our second decade after 9/11, we are firmly...
Lingel & Sinnreich on Mass Surveillance
Jessa Lingel and Aram Sinnreich (Microsoft Corporation - Microsoft Research New England and Rutgers, The State University of New Jersey - School of Communication and Information (SC&I)) have posted Incoded Counter-Conduct: Technologies of Resistance and Conditions of Incarceration on SSRN....
Monday 3 November 2014
Perlin & McClain on Restorative Justice in Forensic Cases
Michael L. Perlin and Valerie Rae McClain (New York Law School and Neurology and Physical Therapy Centers of Tampa Bay) have posted Can Restorative Justice Be of Value in Forensic Cases? Perspectives of a Lawyer and a Psychologist on SSRN....
Kagan on Immigrant Victims/Accusers
Michael Kagan (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Immigrant Victims, Immigrant Accusers (University of Michigan Journal of Law Reform, Vol. 48, 2015, Forthcoming) on SSRN. Here is the abstract: The U Visa program...
Slobogin on American Culture and Hyper-Incarceration
Christopher Slobogin (Vanderbilt University - Law School) has posted How Changes in American Culture Triggered Hyper-Incarceration: Variations on the Tazian View (Howard Law Journal, Forthcoming) on SSRN. Here is the abstract: American imprisonment rates are far higher than the rates...
Sunday 2 November 2014
"Maryland man charged with threatening to kill Obama in email"
From Reuters: A 42-year-old Maryland man accused of threatening to kill President Barack Obama and first lady Michele Obama in an explicit email strewn with racist remarks was in custody on Sunday, the United States Secret Service said. Christopher Perkins...
Saturday 1 November 2014
"Former FAMU band member convicted in 2011 hazing death"
From CNN: The alleged ringleader of a group of Florida A&M University marching band students who beat drum major Robert Champion Jr. in a 2011 hazing incident was convicted Friday of multiple charges related to Champion's death, according to CNN...
Friday 31 October 2014
"What if you use deadly force because the attacker is about to kill you and you hate him?"
Eugene Volokh has this entirely persuasive post at The Volokh Conspiracy on why Idaho and California have this wrong when they answer "no."
"Federal judge orders Arizona sheriff to undergo racial profiling training"
From Jurist: A judge for the US District Court for the District of Arizona [official website] on Tuesday ordered Maricopa Country sheriff Joe Arpaio [official profile] to undergo the same training as his deputies to assist in the prevention of...
"Turns out, violent crime may be genetic"
From Quartz: Variants of two genes, MAOA and CDH13, were found to be associated with violent crime. Violent criminals, the 78 of whom had committed a total of 1,154 violent crimes, were linked most strongly to the genes, while the...
Thursday 30 October 2014
Birckhead on Solitary Confinement of Youth
Tamar R. Birckhead (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Children in Isolation: The Solitary Confinement of Youth (Wake Forest Law Review, Vol. 50, No. 1, 2015, Forthcoming) on SSRN. Here is the...
"Prosecutors Suspect Repeat Offenses on Wall Street"
From The New York Times: It would be the Wall Street equivalent of a parole violation: Just two years after avoiding prosecution for a variety of crimes, some of the world’s biggest banks are suspected of having broken their promises...
Wednesday 29 October 2014
Strutin on Truth, Justice, and Pleas
Ken Strutin (Government of the State of New York - New York State Defenders Association (NYSDA)) has posted Truth, Justice, and the American Style Plea Bargain (Albany Law Review, Vol. 77, No. 3, p. 825, 2013/2014) on SSRN. Here is...
Corcoran et al. on Religion and the Acceptability of White-Collar Crime
Katie Corcoran , David Pettinicchio and Blaine G. Robbins (University of Washington , University of Toronto and University of Washington - Department of Sociology) have posted Religion and the Acceptability of White-Collar Crime: A Cross-National Analysis (Journal for the Scientific...
Tuesday 28 October 2014
"Ebola quarantines and state powers"
Eugene Kontorovich has this post at The Volokh Conspiracy. In part: One would not think taxes a state places on airport taxis or other airport rules would be preempted by a federal policy to allow people to travel to West...
"Ebola quarantines and state powers"
Eugene Kontorovich has this post at The Volokh Conspiracy. In part: One would not think taxes a state places on airport taxis or other airport rules would be preempted by a federal policy to allow people to travel to West...
"FBI created fake Seattle Times Web page to nab bomb-threat suspect"
From The Seattle Times: The FBI in Seattle created a fake news story on a bogus Seattle Times web page to plant software in the computer of a suspect in a series of bomb threats to Lacey’s Timberline High School...
Chiba & Leong on Behavioral Economics of Crime Rates and Punishment Levels
Saori Chiba and Kaiwen Leong (Università Ca' Foscari Venezia - Department of Management and Nanyang Technological University (NTU)) have posted Behavioral Economics of Crime Rates and Punishment Levels on SSRN. Here is the abstract: Empirical studies have shown, paradoxically, that...
Garvey on Injustice, Authority, and the Criminal Law
Stephen P. Garvey (Cornell Law School) has posted Injustice, Authority, and the Criminal Law (Sarat, Austin, ed. The Punitive Imagination: Law, Justice, and Responsibility. Tuscaloosa: The University of Alabama Press, 2014) on SSRN. Here is the abstract: Suppose a state...
Monday 27 October 2014
"Asset forfeiture, drug legalization, and the mainstreaming of libertarian ideas"
Ilya Somin has this post at The Volokh Conspiracy. In part: While libertarians have successfully helped put these issues on the political agenda, it remains to be seen whether they and their new allies on the left and right will...
"Asset forfeiture, drug legalization, and the mainstreaming of libertarian ideas"
Ilya Somin has this post at The Volokh Conspiracy. In part: While libertarians have successfully helped put these issues on the political agenda, it remains to be seen whether they and their new allies on the left and right will...
Dempsey on Decriminalizing Victims of Sex Trafficking
Michelle Madden Dempsey (Villanova University School of Law) has posted Decriminalizing Victims of Sex Trafficking (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: Despite the United States’ commitment to decriminalizing victims of sex trafficking and the obvious...
Grossman on DNA Testing of Arrestees
Steven P. Grossman (University of Baltimore - School of Law) has posted Using the DNA Testing of Arrestees to Reevaluate Fourth Amendment Doctrine (Valparaiso University Law Review, Vol. 49 (Forthcoming)) on SSRN. Here is the abstract: With the advent of...
Sunday 26 October 2014
"Jury Says Castrated Sex Offender Should Be Freed"
Doug Berman at Sentencing Law & Policy excerpts this story from California: "There was simply no evidence he was likely to reoffend," said Holly Galloway, deputy public defender. "What the jury did was amazing because they followed the law and...
"Jury Says Castrated Sex Offender Should Be Freed"
Doug Berman at Sentencing Law & Policy excerpts this story from California: "There was simply no evidence he was likely to reoffend," said Holly Galloway, deputy public defender. "What the jury did was amazing because they followed the law and...
"Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required"
From The New York Times: For almost 40 years, Carole Hinders has dished out Mexican specialties at her modest cash-only restaurant. For just as long, she deposited the earnings at a small bank branch a block away — until last...
"Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required"
From The New York Times: For almost 40 years, Carole Hinders has dished out Mexican specialties at her modest cash-only restaurant. For just as long, she deposited the earnings at a small bank branch a block away — until last...
Saturday 25 October 2014
Parisi et al. on Deterrence in Ancient Law
Francesco Parisi , Daniel Pi , Barbara Luppi and Iole Fargnoli (University of Minnesota - Law School , University of Bologna - Dipartimento di Scienze Economiche , Università degli studi di Modena e Reggio Emilia (UNIMORE) - Faculty of Business...
Marian on Regulating Cryptocurrencies
Omri Y. Marian (University of Florida - Fredric G. Levin College of Law) has posted A Conceptual Framework for the Regulation of Cryptocurrencies (University of Chicago Law Review Dialogue, Vol. 81, 2015 Forthcoming) on SSRN. Here is the abstract: This...
Marian on Regulating Cryptocurrencies
Omri Y. Marian (University of Florida - Fredric G. Levin College of Law) has posted A Conceptual Framework for the Regulation of Cryptocurrencies (University of Chicago Law Review Dialogue, Vol. 81, 2015 Forthcoming) on SSRN. Here is the abstract: This...
Friday 24 October 2014
Falk on The Riddle of Rape-by-Fraud
Patricia J. Falk (Cleveland-Marshall College of Law) has posted Not Logic, But Experience: Drawing on Lessons from the Real World in Thinking About the Riddle of Rape-by-Fraud (123 Yale L.J. Online 353 (2013)) on SSRN. Here is the abstract: Courts,...
Mendelson & Bagaric on Assisted Suicide
Danuta Mendelson and Mirko Bagaric (Deakin University - School of Law and Deakin University - School of Law) have posted Assisted Suicide Through the Prism of the Right to Life (International Journal of Law and Psychiatry, (2013)) on SSRN. Here...
"Koch Industries gives grant to NACDL “to address the nation’s profound indigent defense crisis”"
Orin Kerr has this post at The Volokh Conspiracy, excerpting the press release, which notes the following focus: * Significant expansion of access to training through an ambitious combination of scholarship support for indigent defenders, web-based training via the Internet,...
Thursday 23 October 2014
Imwinkelried on Extrinsic Evidence to Impeach for Untruthful Acts
Edward J. Imwinkelried (University of California, Davis - School of Law) has posted Formalism versus Pragmatism in Evidence: Reconsidering the Absolute Ban on the Use of Extrinsic Evidence to Prove Impeaching, Untruthful Acts that Have Not Resulted in a Conviction...
Mosteller on Double Counting and Perception and Evaluation Biases
Robert P. Mosteller (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Pernicious Inferences: Double Counting and Perception and Evaluation Biases In Criminal Cases (Howard Law Journal, Vol. 58, No. 2, 2015) on SSRN. Here...
Wednesday 22 October 2014
"Mr. Incredible, Batgirl brawl in Hollywood; Freddy Krueger keeps peace"
From the Los Angeles Times, not The Onion, a story and video clip that will only feed the attitude of those who think California is different. In part: The video, originally posted on the site FilmOn.com, shows a man dressed...
"Mr. Incredible, Batgirl brawl in Hollywood; Freddy Krueger keeps peace"
From the Los Angeles Times, not The Onion, a story and video clip that will only feed the attitude of those who think California is different. In part: The video, originally posted on the site FilmOn.com, shows a man dressed...
Buskey & Korobkin on The Retroactivity of Miller v. Alabama
Brandon Buskey and Daniel Korobkin (ACLU and ACLU of Michigan) have posted Elevating Substance Over Procedure: The Retroactivity of Miller v. Alabama Under Teague v. Lane (The City University of New York Law Review, Vol. 18.1, 2015, Forthcoming) on SSRN....
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Bennett on Defense Counsel in Death Penalty Cases
Mark W. Bennett (U.S. District Court (Northern District of Iowa)) has posted Sudden Death: A Federal Trial Judge's Reflections on the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Panalty Cases (Hofstra Law Review, Vol. 42,...
Friday 17 October 2014
"Suspects aid New Orleans police with photos of selves shot with stolen phone"
An addition to the "dumb crimnals" file, from Reuters: A pair of armed-robbery suspects in New Orleans have given police seeking their capture on Monday a helpful clue: pictures of themselves taken with one of their victim's cell phones and...
Iuliano on Jury Voting Paradoxes
Jason Iuliano has posted Jury Voting Paradoxes (Michigan Law Review, Vol. 113, 2014) on SSRN. Here is the abstract: The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the...
Hamilton on Risk and Needs Assessment
Melissa Hamilton (University of Houston Law Center) has posted Risk and Needs Assessment: Constitutional and Ethical Challenges on SSRN. Here is the abstract: Across jurisdictions, the criminal justice system is enamored with the evidence-based practices movement. The idea is to...
Denials of cert in significant sentencing cases
Lyle Denniston has this post at ScotusBlog, reporting on the denials. Over the dissent of Justice Scalia, joined by Justices Ginsburg and Thomas, the Court denied review in a case where sentenced was enhanced based on the judge's determination that...
Richman on Fifteen Years of Criminal Procedure
Daniel C. Richman (Columbia Law School) has posted Fifteen Years of Supreme Court Criminal Procedure Work: Three Constitutional Brushes on SSRN. Here is the abstract: This essay – written in connection with a French National Research Agency project on “Neo...
"Oscar Pistorius Sentencing Day 2"
From TalkLeft, this critique of the prosecutor: He needs to go back to school. Unrelenting sarcasm and mockery is not a successful cross-examination technique. He comes off as a bully. His questions are designed to express his thoughts and then...
Thursday 16 October 2014
Porat & Yadlin on Valuable Lies
Ariel Porat and Omri Yadlin (Tel Aviv University and Tel Aviv University - Buchmann Faculty of Law) have posted Valuable Lies on SSRN. Here is the abstract: Should a Muslim employee who falsely stated in his job interview that he...
"A cop may be following you everywhere"
Catherine Crump has this piece at CNN.com, critiquing the use of license-plate readers. In part: Federal funds are being spent to push this equipment out across the country, a process that often bypasses the role that traditional elected representatives once...
Fettig on the Collective Knowledge Doctrine
Derik T. Fettig (Hamline University School of Law) has posted Who Knew What When? A Critical Analysis of the Expanding Collective Knowledge Doctrine (University of Missouri-Kansas City Law Review, Vol. 82, No. 3, 2014) on SSRN. Here is the abstract:...
Sunday 12 October 2014
"Judge Rejects Defense That FBI Illegally Hacked Silk Road—On a Technicality"
From Wired, following up on an earlier post: But the Judge’s rejection of that argument comes down to what may be seen as a fateful technicality: she argues that even if the FBI did hack the Silk Road server, Ulbricht...
Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 341 A 'Holocaust in Slow Motion?' America's Mass Incarceration and the Role of Discretion Mark William Osler and Mark W. Bennett University of St. Thomas...
Saturday 11 October 2014
Woods on Decriminalization, Police Authority, and Routine Traffic Stops
Jordan Blair Woods (University of Cambridge) has posted Decriminalization, Police Authority, and Routine Traffic Stops (UCLA Law Review, Vol. 62, No. 3, 2015, Forthcoming) on SSRN. Here is the abstract: Although there is no universal definition of "decriminalization," discussions about...
Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Wednesday Jennings v. Stephens: Whether the Fifth Circuit erred in holding that a federal habeas petitioner who prevailed in the district court on an ineffective assistance of counsel claim must...
Friday 10 October 2014
Yung on Concealing Campus Sexual Assault
Corey Rayburn Yung (University of Kansas School of Law) has posted Concealing Campus Sexual Assault: An Empirical Examination on SSRN. Here is the abstract: This study tests whether there is substantial undercounting of sexual assault by universities. It compares the...
"Feds “Hacked” Silk Road Without a Warrant. Was That Legal?"
From Slate.com: With only a month until the scheduled trial of Ross Ulbricht, the alleged creator of the drug site Silk Road, Ulbricht’s defense lawyers have zeroed in on the argument that the U.S. government illegally hacked the billion-dollar black...
Thursday 9 October 2014
"Executing Search Warrants in the Cloud"
Kent Scheidegger at Crime & Consequences links to an article on the topic in the FBI Law Enforcement Bulletin.
Vladeck on Terrorism Prosecutions and "Cross-Ruffing"
Stephen I. Vladeck (American University - Washington College of Law) has posted Terrorism Prosecutions and the Problem of Constitutional 'Cross-Ruffing' (36 Cardozo Law Review, 2014, Forthcoming) on SSRN. Here is the abstract: Under current U.S. law, certain terrorism suspects are...
Bennett on "Anchoring Effect" and "Blind Spot" Biases in Federal Sentencing
Mark W. Bennett has posted Confronting Cognitive 'Anchoring Effect' and 'Blind Spot' Biases in Federal Sentencing: A Modest Solution for Reforming a Fundamental Flaw (Journal of Criminal Law and Criminology, Vol. 104, No. 3, p. 489, 2014) on SSRN. Here...
"Trying not to get too excited about SCOTUS relist in Jones/Ball acquitted conduct case"
Doug Berman has this post at Sentencing Law & Policy. In part: But, while the Dougie Downer voice in my head will keep telling me not to get too excited by all this, the optimist voice in my head keeps...
Wednesday 8 October 2014
Ayres on Using Dramatic Narratives to Teach Domestic Violence
Susan Ayres (Texas A&M University (TAMU) - School of Law) has posted Using Dramatic Narratives to Teach Domestic Violence on SSRN. Here is the abstract: The 2003 call of the ABA for teachers to incorporate domestic violence into the law...
Kirkup on Information about HIV Non-Disclosure Cases
Kyle Kirkup (University of Toronto - Faculty of Law) has posted Releasing Stigma: Police, Journalists, and Crimes of HIV Non-Disclosure in Canada (Ottawa Law Review, Vol. 46, No. 1, 2015) on SSRN. Here is the abstract: In 2010, a 29-year-old...
Tuesday 7 October 2014
Osler on AIDS, Crack, and C. Everett Koop
Mark William Osler (University of St. Thomas - School of Law (Minnesota)) has posted 1986: AIDS, Crack, and C. Everett Koop (65 Rutgers Law Review (2014), Forthcoming) on SSRN. Here is the abstract: In 1986, Ronald Reagan’s America confronted twin...
Transcript from argument on traffic stop based on mistake of law
The transcript in Heien v. North Carolina is here.
Monday 6 October 2014
"Another civil asset forfeiture outrage"
FourthAmendment.com links to this story in the Washington Post. In part: This is another common tactic. The cop tells the motorist he is “free to go,” then tosses out a couple of additional questions or asks to bring in the...
Kalhan on the New York Stop-and-Frisk Case
Anil Kalhan (Drexel University Thomas R. Kline School of Law) has posted Stop and Frisk, Judicial Independence, and the Ironies of Improper Appearances (Georgetown Journal of Legal Ethics, Vol. 27, Issue 4, 2014, Forthcoming) on SSRN. Here is the abstract:...
Hernandez on Naturalizing Immigration Imprisonment
César Cuauhtémoc GarcÃa Hernández (Capital University Law School) has posted Naturalizing Immigration Imprisonment (California Law Review, Forthcoming) on SSRN. Here is the abstract: Only recently has imprisonment become a central feature of both civil and criminal immigration law enforcement. Apart...
"Concurrence laments "trend" of federal prosecutors seeking "significantly enhanced terms of imprisonment under the guise of 'relevant conduct'""
Doug Berman at Sentencing Law & Policy excerpts the concurrence by Judge Torruella of the First Circuit.
Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 440 Decriminalizing Indoor Prostitution: Implications for Sexual Violence and Public Health Scott Cunningham andManisha Shah Baylor University and UCLA School of Public Affairs Date posted...
Sunday 5 October 2014
"Ebola Patient's Dallas Family Quarantined, Raising Legal Issues"
From FindLaw: States and counties are given wide berth to regulate and protect public health under their general "police powers." Although the spread of Ebola is fairly new, local governments since the times of America's founders have had to deal...
High profile grant of suppression motion
From ESPN.com: Bullets found in an apartment rented by ex-New England Patriots player Aaron Hernandez and a magazine found in his Hummer were thrown out as evidence in his murder case Thursday by a judge who said state police didn't...
Saturday 4 October 2014
Next week's criminal law/procedure argument
Issue summary is from ScotusBlog: Monday: Heien v. North Carolina: Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop.
Friday 3 October 2014
Phelps on Sociological Research on Probation Supervision
Michelle S. Phelps (University of Minnesota - Twin Cities - Dept of Sociology) has posted The Curious Disappearance of Sociological Research on Probation Supervision (Criminal Justice and Law Enforcement Annual: Global Perspectives, no. 2 (April 2015 Forthcoming)) on SSRN. Here...
Metzger & Ferguson on Defending Data
Pamela Metzger (Tulane University - Law School) and Andrew Guthrie Ferguson (University of the District of Columbia - David A. Clarke School of Law) have posted Defending Data (88 Southern California Law Review (2015)) on SSRN. Here is the abstract:...
Thursday 2 October 2014
"Supreme Court takes case on duration of traffic stops"
Orin Kerr has this post at The Volokh Conspiracy discussing the case on which the Court today granted cert.
Logan on Decriminalization and Legalism's Limits
Wayne A. Logan (Florida State University - College of Law) has posted After the Cheering Stopped: Decriminalization and Legalism's Limits (Cornell Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract: To the great relief of many,...
Defenders in the Legal Academy: The PDS Experience
This symposium will be held at Georgetown University Law Center on Nov. 7-8. The event is free but advance registration is required. Further information follows the jump. From the release: Over fifty law professors teaching in law schools across America...
Wednesday 1 October 2014
"Peculiar (judicial?) screed against evidence-based sentencing "fad" based on the "need to be realistic"?!!?"
Doug Berman at Sentencing Law & Policy reprints and takes issue with a recent op-ed by Judge Morris Hoffman
Lamparello on Georgia's Reasonable Doubt Standard for Intellectual Disability
Adam Lamparello (Indiana Tech - Law School) has posted Hall v. Florida: The Death of Georgia's Beyond a Reasonable Doubt Standard on SSRN. Here is the abstract: Welcome: We’re Glad Georgia is On Your Mind. Georgia is on many minds...
Capers on Unsexing the Fourth Amendment
I. Bennett Capers (Brooklyn Law School) has posted Unsexing the Fourth Amendment (U.C. Davis Law Review (Forthcoming) on SSRN. Here is the abstract: Although rarely remarked upon in Fourth Amendment jurisprudence, traditional notions of sex and gender matter in a...
Tuesday 30 September 2014
"[CA] Governor vetoes bill that would have limited police use of drones"
FourthAmendment.com links to this article from the L.A. Times.
Eldar & Laist on The Misguided Concept of Partial Justification
Shachar Eldar and Elkana Laist (Ono Academic College Faculty of Law and Government of the State of Israel) have posted The Misguided Concept of Partial Justification (Legal Theory, Vol. 20, 2014) on SSRN. Here is the abstract: Despite the fundamentally...
Monday 29 September 2014
Mayeux on Lessons from History for the Future of the Right to Counsel
Sara Mayeux has posted Ineffective Assistance of Counsel Before Powell v. Alabama: Lessons from History for the Future of the Right to Counsel (Iowa Law Review, Vol. 99, p. 2161, 2014) on SSRN. Here is the abstract: The doctrinal literature...
Gilchrist on Trial Bargaining
Gregory M. Gilchrist (University of Toledo College of Law) has posted Trial Bargaining on SSRN. Here is the abstract: Jury trials are rare. Almost all criminal cases are resolved by guilty plea, and almost all guilty pleas are secured by...
"Eric Holder’s Mixed Legacy on White-Collar Crime"
From The New York Times: But the focus on misconduct by companies never resulted in any significant prosecutions of individual executives. The Justice Department passed on pursuing charges against officials at the American International Group, Lehman Brothers and Countrywide Financial,...
Justice Department criticizes Ferguson police
From Reuters.com: The U.S. Justice Department asked the Ferguson, Missouri, Police Department on Friday to order its officers not to wear bracelets in support of the white policeman who shot to death an unarmed black teenager last month, sparking protests....
Goodwin on Fetal Protection Laws
Michele Goodwin (University of California, Irvine School of Law) has posted Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront (California Law Review, Vol. 102, No. 4, August 2014) on SSRN. Here is the abstract: This Article makes three...
"FBI agents invented a defendant to catch a judge"
From the Miami Herald, this AP report: To catch a Philadelphia municipal judge they suspected of corruption, FBI agents invented a defendant — complete with a staged arrest and court appearances. Court documents from Judge Joseph Waters Jr.'s guilty plea...
Sunday 28 September 2014
Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 424 Decriminalizing Indoor Prostitution: Implications for Sexual Violence and Public Health Scott Cunningham andManisha Shah Baylor University and UCLA School of Public Affairs Date posted...
"Teacher resentenced to 10 years in notorious Montana rape case"
Doug Berman at Sentencing Law & Policy excerpts a news account. In part: Stacey Dean Rambold, 55, was resentenced by a new judge exactly a year after he completed an initial one-month prison term for the crime. Rambold appeared to...
Friday 26 September 2014
Medwed on the Hazards of Maintaining Innocence after Conviction of Sex Offenses
Daniel S. Medwed (Northeastern University - School of Law) has posted Under Pressure: The Hazards of Maintaining Innocence after Conviction (Vilified: Wrongful Allegations of Sexual and Child Abuse, Ros Burnett, ed., Oxford University Press, Forthcoming) on SSRN. Here is the...
"D.C. police will wear body cameras as part of pilot program"
From The Washington Post: Under departmental policy described by Lanier on Wednesday, officers will be required to turn on the camera as soon as they receive a call for service or other request for assistance and will leave the camera...
Burkoff on Law Enforcement Use of Drones
John Burkoff (University of Pittsburgh - School of Law) has posted Law Enforcement Use of Drones & Privacy Rights in the United States (In Festschrift in Honor of Professor Doctor Feridun Yenisey (Beta Publishers, Istanbul, 2014)) on SSRN. Here is...
Baer on Justice Sotomayor in US v Jones
Miriam H. Baer (Brooklyn Law School) has posted Secrecy, Intimacy and Workable Rules: Justice Sotomayor Stakes Out the Middle in United States V. Jones (123 Yale Law Journal Forum 323) on SSRN. Here is the abstract: This Essay was written...
Fish on Sentencing and Interbranch Dialogue
Eric S. Fish has posted Sentencing and Interbranch Dialogue (Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract: American legislatures generally delegate primary control over sentencing policy to one of two actors – trial judges or...
Aric Cramer Attorney at Law St. George Amazing Five Star Review by E.C. M.
http://www.ariccramer.com 435-627-1565 Aric Cramer Attorney at Law St. George reviews
5 Star Review
In 2009, I found myself in horrible circumstances. I was confused, frustrated, embarrassed and angry. I had always considered myself an intelligent person, however I found myself charged with a felony. Fear was not my only concern; my children, jail time and the loss of my carrier, was constantly on my mind. Aric Cramer, Cramer Cramer LLC, was beside me the whole time. His experience and explanations allowed me to more fully understand my rights and the legal process. He treated me with respect and gave me the “peace of mind” I needed to make it through that tough time. I am grateful to report the charges were dismissed. I would have turned to Cramer Cramer LLC for other legal matters. The professional attorneys and staff have made some tough situations more manageable.
Thank you, Aric Cramer!
Aric Cramer Attorney at Law
249 East Tabernacle, Suite 102
St. George UT
84770
Thursday 25 September 2014
Grossman on Miranda's Right to Silence and Counsel
Steven P. Grossman (University of Baltimore - School of Law) has posted Separate But Equal: Miranda's Right to Silence and Counsel (Marquette Law Review, Vol. 96, No. 1, Fall 2012, pp. 151-203) on SSRN. Here is the abstract: Three decades...
Pfaff on The War on Drugs and Prison Growth
John F. Pfaff (Fordham University School of Law) has posted The War on Drugs and Prison Growth: Limited Importance, Limited Legislative Options (Harvard Journal on Legislation, Forthcoming) on SSRN. Here is the abstract: Many commentators argue that the War on...
"Tony Stewart Will Not Be Charged in Death of Kevin Ward Jr."
From the New York Times: The county district attorney, R. Michael Tantillo, asked a grand jury to determine if there was evidence to support a charge of manslaughter in the second degree or criminally negligent homicide against Stewart, but the...
Mannheimer on Gideon, Miranda, and the Downside of Incorporation
Michael Mannheimer (Northern Kentucky University - Salmon P. Chase College of Law) has posted Gideon, Miranda, and the Downside of Incorporation on SSRN. Here is the abstract: The U.S. Supreme Court decisions in Gideon v. Wainwright and Miranda v. Arizona...
Wednesday 24 September 2014
Robinson et al. on General Defenses in American Criminal Law
Paul H. Robinson , Matthew Kussmaul , Camber Stoddard , Ilya Rudyak and Andreas Kuersten (University of Pennsylvania Law School , University of Pennsylvania Law School - Student/Alumni/Adjunct , White & Case LLP , University of Pennsylvania Law School -...
Bessler on the Death Penalty in Decline
John D. Bessler (University of Baltimore - School of Law) has posted Foreword: The Death Penalty in Decline: From Colonial America to the Present (Criminal Law Bulletin, Vol. 50, No 2, 2014, pp. 245-262) on SSRN. Here is the abstract:...
Perry & Zarsky on Lotteries in Law
Ronen Perry and Tal Zarsky (University of Haifa - Faculty of Law and University of Haifa - Faculty of Law) have posted 'May the Odds Be Ever in Your Favor': Lotteries in Law on SSRN. Here is the abstract: Throughout...
Utah teacher faces more sex crimes accusations
Another alleged victim has come forth in a criminal case against a former high school teacher. The Utah teacher has been accused of having inappropriate relationships with now two of her former students. The woman now faces additional sex crimes...
Tuesday 23 September 2014
Bowman on Mitigating Foul Blows
Mary Bowman (Seattle University School of Law) has posted Mitigating Foul Blows (Georgia Law Review, 2015, Forthcoming) on SSRN. Here is the abstract: For nearly eighty years, courts have offered stirring rhetoric about how prosecutors must not strike foul blows...
Nelson on Intracorporate Conspiracy
Josephine Sandler Nelson (Stanford Graduate School of Business) has posted The Intracorporate Conspiracy Trap (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: In the recent case of Commonwealth of Pennsylvania v. Lynn, Pennsylvania prosecuted a Roman Catholic priest...
Monday 22 September 2014
Aric Cramer Attorney at Law St. George Great Five Star Review by Robyn W.
http://www.ariccramer.com 435-627-1565 Aric Cramer Attorney at Law St. George reviews
Excellent Rating
A friend in St. George recommended Aric when I needed a laywer on a drug charge. He was very professional and reasonable in his fees. Everything worked out better than expected. Recommended.
Aric Cramer Attorney at Law
249 East Tabernacle, Suite 102
St. George UT
84770
"Justice Department enters case involving school’s alleged use of girl, 14, as rape ‘bait’"
From Fox News: The Justice Department on Thursday filed a brief in the case of a male student accused of raping a girl who was allegedly used as bait by an Alabama school to catch the boy after repeated sexual...
Natapoff on Misdemeanor Decriminalization
Alexandra Natapoff (Loyola Law School Los Angeles) has posted Misdemeanor Decriminalization (Vanderbilt Law Review, Forthcoming) on SSRN. Here is the abstract: As the U.S. rethinks its stance on mass incarceration, misdemeanor decriminalization is an increasingly popular reform. Seen as a...
Monday 15 September 2014
Kamali on Felony and Intentionality in Medieval England
Elizabeth Papp Kamali has posted Felonia Felonice Facta: Felony and Intentionality in Medieval England (Criminal Law and Philosophy (2014 Forthcoming)) on SSRN. Here is the abstract: This paper explores the meaning of the word “felony” in thirteenth and fourteenth century...
Pratt on Schneckloth v. Bustamonte
Alexandra L. Pratt has posted The Need for 'Knowing': Why the Iowa Supreme Court Should Reject Schneckloth v. Bustamonte and Impose a 'Knowing' Standard to Evaluate the Voluntariness of Consent Under Article One, Section Eight (Iowa Law Review, Forthcoming) on...
Collins on Domestic Violence
Erin R. Collins (New York University School of Law) has posted The Evidentiary Rules of Engagement in the War Against Domestic Violence (New York University Law Review, May 2015, Forthcoming) on SSRN. Here is the abstract: Our criminal justice system...
Sunday 14 September 2014
"Is it a crime to expose someone to HIV?"
From Salon. In part: For as long as there have been sexually transmitted diseases, there have been ethical questions about disclosure and transmission. The CDC says that there are currently laws pertaining persons with HIV in 33 US states. In...
Saturday 13 September 2014
"Ray Rice Case Draws Attention to a Crime Often Obscured"
From The New York Times: In the criminal justice system, however, many of those who routinely handle domestic violence cases say the episode is simply a highly public example of a well-known fact: Violent domestic assaults rarely lead to jail...
"Feds release guidance on police body cameras"
From Politico: Body-worn cameras on police officers can increase accountability of police and improve evidence gathering, but if departments are going to use them they must address concerns of officers and the community, according to guidance released by the Justice...
Friday 12 September 2014
Umsted on Deterring Racial Bias Through Sentencing
Zane Umsted has posted Deterring Racial Bias in Criminal Justice Through Sentencing (Iowa Law Review, Forthcoming) on SSRN. Here is the abstract: In 2013, the American Civil Liberties Union (“ACLU”) published a report revealing stark racial disparities in the national...
"A Trial Concludes, but for South Africans, the Debate May Be Just Starting"
From The New York Times: The murder trial of the Paralympic star Oscar Pistorius lurched to a close on Friday when he was convicted of culpable homicide in the shooting death last year of his girlfriend, Reeva Steenkamp. But in...
Mungan & Klick on Reducing Guilty Pleas Through Exoneree Compensations
Murat C. Mungan and Jonathan Klick (Florida State University - College of Law and University of Pennsylvania Law School) have posted Reducing Guilty Pleas Through Exoneree Compensations on SSRN. Here is the abstract: A great concern with plea-bargains is that...
Potential defenses for drug crimes in Utah
Being accused of drug possession is a serious matter. Drug crimes may carry an element of embarrassment with them, even if the person who was accused ends up being acquitted. He or she may be required to list the charge...
Archer on Cruel and Unusual Punishment in Iowa
Elisabeth A. Archer has posted Establishing Principled Interpretation Standards in Iowa's Cruel and Unusual Punishment Jurisprudence (Iowa Law Review, Forthcoming) on SSRN. Here is the abstract: In 2009, the Iowa Supreme Court decided State v. Bruegger, dramatically changing the court’s...
Thursday 11 September 2014
Wright on Moore on Causation and Responsibility
Richard W. Wright (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Moore on Causation and Responsibility: Metaphysics or Intuition? (LEGAL, MORAL, AND METAPHYSICAL TRUTHS: THE PHILOSOPHY OF MICHAEL MOORE (Kimberly Ferzan & Stephen Morse, eds., Oxford University...
"John Doe" investigation of Wis. Gov. Walker
From Legal Newsline: Gov. Walker, a Republican, is at the center of a sweeping and secretive four-year criminal investigation by Milwaukee District Attorney John Chisholm, a Democrat, and other prosecutors, that is now focused on alleged “illegal coordination” of campaign...
Osler & Bennett on Mass Incarceration and the Role of Discretion
Mark William Osler and Mark W. Bennett (University of St. Thomas - School of Law (Minnesota) and U.S. District Court (Northern District of Iowa)) have posted A 'Holocaust in Slow Motion?' America's Mass Incarceration and the Role of Discretion (7...
Kinports on Rosemond and Complicity
Kit Kinports (Penn State Law) has posted Rosemond, Mens Rea, and the Elements of Complicity (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract: The confluence of two widely invoked federal statutes – one governing accomplice liability, the...
Wednesday 10 September 2014
"Group of world leaders call for end to criminal drug war and urges experiment with legalization"
Doug Berman has this post at Sentencing Law & Policy, excerpting an A.P. article. In part: The Global Commission on Drug Policy said traditional measures in the "war on drugs" such as eradicating acres of illicit crops, seizing large quantities...
Jones et al. on Law and Neuroscience
Owen D. Jones , Richard J. Bonnie , BJ Casey , Andre Davis , David L. Faigman , Morris B. Hoffman , Read Montague , Stephen Morse , Marcus E. Raichle , Jennifer A. Richeson , Elizabeth S. Scott ,...
Ohlin on Cyber-Causation
Jens David Ohlin (Cornell University - School of Law) has posted Cyber-Causation (CYBERWAR: LAW & ETHICS FOR VIRTUAL CONFLICTS, Jens David Ohlin, Claire Finkelstein, and Kevin Govern, eds., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: This Chapter...
"States Lead - Will the Feds Follow?"
Megan Quattlebaum has this post at The Huffington Post. In part: In the criminal justice reform arena, states have taken the lead. From rolling back harsh mandatory minimum sentences (at least 29 states have done so since 2000) to decreasing...
Aric Cramer Attorney at Law St. George Wonderful Five Star Review by J. S.
http://www.ariccramer.com 435-627-1565 Aric Cramer Attorney at Law St. George reviews
Excellent Rating
I made a huge mistake and got a DUI in St. George. I never had any trouble before and was really scared. Aric made a really bad situation much better and his advice helped me get through the whole thing without ruining my finances along with my reputation.
Aric Cramer Attorney at Law
249 East Tabernacle, Suite 102
St. George UT
84770
Tuesday 9 September 2014
Utset on Rational Criminal Addictions
Manuel A. Utset (Florida State University College of Law) has posted Rational Criminal Addictions (University of Pittsburgh Law Review, Vol. 74, No. 1, 2013) on SSRN. Here is the abstract: This article argues that repeated criminal misconduct, at least in...
"Is It Legal to Text-Message at a Stoplight?"
From FindLaw: Florida's ban on texting while driving specifically notes that "a motor vehicle that is stationary is not being operated and is not subject to the prohibition." As The Northwest Florida Daily News has explained, the law "allows texting...
Parkes on the Punishment Agenda
Debra L. Parkes (University of Manitoba - Faculty of Law) has posted The Punishment Agenda in the Courts (Supreme Court Law Review, 2014, Forthcoming) on SSRN. Here is the abstract: This paper critically examines the potential of prisoner litigation in...
Cashmore & Shackel on Historical Child Sexual Abuse
Judith Cashmore and Rita Shackel (University of Sydney - Faculty of Law and University of Sydney - Faculty of Law) have posted Introduction: Responding to Historical Child Sexual Abuse and the Needs of Survivors (Current Issues in Criminal Justice, Vol....
Aric Cramer Attorney at Law St. George Remarkable 5 Star Review by Darrell C...
http://www.ariccramer.com 435-627-1565 Aric Cramer Attorney at Law St. George reviews
5 Star Rating
I got into trouble with my employer wanting me to do some illegal things. When they turned on me I was really afraid I would take the fall. After days of worrying about the problem I was convinced I needed to see how exposed I was. I looked online at every criminal attorney in St. George and called 3. Aric talked to me in person on the phone and made me feel better just setting the appointment. He suggested a very early appointment the next morning so I could get some relief and still go to work. Aric listened to my problem, gave me solid advice about what to do about the situation and gave me his card with instructions to call if things got worse. That gave me the relief I needed to be able to change jobs without worrying every time the phone rang.
Aric Cramer Attorney at Law
249 East Tabernacle, Suite 102
St. George UT
84770
Members of Utah National Guard in need of criminal defense
Those who are accused of non-violent crimes such as fraud, identity theft or burglary may not realize how significant the punishments can be. They may mistakenly believe that because they did not cause any physical harm to anyone, that prosecutors...
Monday 8 September 2014
St. George, UT Criminal Defense Lawyer Aric Cramer reviews
The recommended criminal defense attorney in St. George. Successfully defends clients on a regular basis against charges of possession when they go into to UT possessing marijuana from less restrictive adjacent states.
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