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...

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,...

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...

"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...

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...

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,...

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...

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....

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...

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,...

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...

"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...

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...

"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...

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...

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...

"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.

"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...

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...

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...

"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...

"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...

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...