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.

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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.

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"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.

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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...

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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

St. George, UT Criminal Defense Lawyer Aric Cramer reviewsThe 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.