"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...

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...

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...

"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...

"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...

"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...

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...

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,...

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...

"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....

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

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,...

"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...

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...

Argument transcript on federal habeas appeal issue

The transcript in Jennings v. Stevens is here.

"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:...

"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...

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...

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...

"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...

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...

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.

"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 García 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...

"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...

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.

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:...

"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...

"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...