Cramer on FBI Statistics and Defensive Gun Use

Clayton E. Cramer (College of Western Idaho) has posted Why the FBI's Justifiable Homicide Statistics are a Deceptive Measure of Defensive Gun Use on SSRN. Here is the abstract: As part of the FBI’s Uniform Crime Reports system, the FBI...

Lyon et al. on Confessions by Children

Thomas D. Lyon , Lindsay Erin Wandrey , Elizabeth C. Ahern , Robyn Carbone Licht , Megan Simand Jodi Quas (University of Southern California - Gould School of Law , University of California, Irvine , University of Cambridge , University...

Levine & Wright on Prosecutors and Wrongful Conviction

Kay L. Levine and Ronald F. Wright (Emory University School of Law and Wake Forest University - School of Law) have posted Prosecutor Risk, Maturation, and Wrongful Conviction Practice (Law and Social Inquiry, Forthcoming) on SSRN. Here is the abstract:...

Litman on Federally Funded Defenders in State Court

Leah M Litman has posted Officiating Removal (124 Penn. L. Rev. Online 33, 2015) on SSRN. Here is the abstract: For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants’ representation in state postconviction...

Sarch on Beyond Willful Ignorance

Alex F. Sarch (University of Southern California - Center for Law and Philosophy) has posted Beyond Willful Ignorance on SSRN. Here is the abstract: The law allows willful ignorance to substitute for knowledge on the theory that these two mental...

Plaxton on Implied Consent & Sexual Assault

Michael Plaxton (University of Saskatchewan - College of Law) has posted Implied Consent & Sexual Assault: Introduction (McGill-Queen's University Press, 2015) (Forthcoming)) on SSRN. Here is the abstract: In R. v. Ewanchuk, the Supreme Court of Canada held that sexual...

Edwards and Urquhart on Privacy in Social Media

Lilian Edwards and Lachlan Urquhart (University of Strathclyde Law School and University of Nottingham, School of Computer Science) have posted Privacy in Public Spaces: What Expectations of Privacy Do We Have in Social Media Intelligence? on SSRN. Here is the...

Murray on Prosecutorial Responsibility and Collateral Consequences

Brian M. Murray (Temple University, Beasley School of Law) has posted Prosecutorial Responsibility and Collateral Consequences (Stanford Journal of Civil Rights and Civil Liberties, Forthcoming) on SSRN. Here is the abstract: Plea-bargaining has been the norm in criminal adjudication for...

Stern on Mens Rea and Mental Disorder

Craig A. Stern (Regent University School of Law) has posted Mens Rea and Mental Disorder (The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies. Mark D. White, Editor. Forthcoming) on SSRN. Here is the abstract: This chapter, to...

Griffin on Silence, Confessions, and Accuracy

Lisa Kern Griffin (Duke University School of Law) has posted Silence, Confessions, and the New Accuracy Imperative (Duke Law Journal, Forthcoming) on SSRN. Here is the abstract: Silence is both overpriced and underrated. This Article assesses the status of silence...

Pierce et al. on Race in Homicide Cases

Glenn L. Pierce , Michael Radelet , Chad Posick and Tim Lyman (Northeastern University - School of Criminology and Criminal Justice , University of Colorado at Boulder - Institute of Behavioral Sciences , Georgia Southern University and Northeastern University, Institute...

Koehler on The Impact of Prosecution Agreements on FCPA Enforcement

Mike Koehler (Southern Illinois University School of Law) has posted Measuring the Impact of Non-Prosecution and Deferred Prosecution Agreements on Foreign Corrupt Practices Act Enforcement (49 U.C. Davis Law Review 497 (2015)) on SSRN. Here is the abstract: Historically, the...

Miller on Digital Border Searches

Thomas Mann Miller has posted Digital Border Searches After Riley v. California (Washington Law Review, Vol. 90, 2015, Forthcoming) on SSRN. Here is the abstract: The federal government claims that the Fourth Amendment permits it to search digital information on...

Crofts on Malice

Penny Crofts (University of Technology Sydney, Faculty of Law) has posted The Poisoned Apple of Malice (Griffith Law Review, vol. 22, no. 1, pp. 150-179, July 2013) on SSRN. Here is the abstract: Contemporary criminal law tends to regard malice...

Holder on Specialist Domestic Violence Courts

Robyn L Holder (Griffith Criminology Institute) has posted Specialist Domestic Violence Courts: Planning (and Researching) for Long Haul System Change on SSRN. Here is the abstract: The numbers of specialist domestic violence courts in the USA is over 400; there...

"Crime Is Worse Than You Thought -- Much Worse"

Bill Otis has this post at Crime & Consequences: The crime figures I have been using (and almost all other bloggers and academics use) are taken from the Uniform Crime Reports compiled by the FBI. That source, however, gives only...

"Encouraging DUI alternative sentencing story from South Dakota"

Doug Berman has this post at Sentencing Law & Policy, excerpting an A.P. story. From the excerpt: Twice a day for three years, Chris Mexican has showed up at the county jail in Pierre to blow into a tube and...

"Lives in Balance, Texas Leads Scrutiny of Bite-Mark Forensics"

From The New York Times: Forensic science more broadly is in turmoil as prosecutors, defense lawyers and judges confront evidence that many long-used methods, like handwriting analysis and microscopic hair comparisons, were based more on tradition than science and do...

Shearing on Policing and Its Development

Clifford Shearing (Griffith Institute of Criminology) has posted Reflections on the Nature of Policing and Its Development (Police Practice and Research (2015)) on SSRN. Here is the abstract: What I have been asked to do today is to reflect, with...

Langos & Sarre on Responding to Cyberbullying

Colette Langos and Rick T Sarre (University of Adelaide and University of South Australia - School of Law) have posted Responding to Cyberbullying: The Case for Family Conferencing (Deakin Law Review, Vol. 20, No. 2, 2015) on SSRN. Here is...

Litman on Resentencing in the Shadow of Johnson v. US

Leah M Litman has posted Resentencing in the Shadow of Johnson v. United States (Federal Sentencing Reporter, Vol. 28, No. 1, 2015) on SSRN. Here is the abstract: This essay analyzes several statutes and doctrines that will determine whether courts...

"Is DNA testing blood on seized clothing a Fourth Amendment ‘search’?"

Orin Kerr has this post at The Volokh Conspiracy, excerpting a cert petition he authored that fleshes out the argument that it is a search.

"Justice Dept. to Investigate Chicago Police After Laquan McDonald Case"

From The New York Times: Critics have raised many questions. Did Mayor Rahm Emanuel’s re-election fight play a role in his administration’s decision this year to pay $5 million to Mr. McDonald’s family members even before they filed a lawsuit?...

Kainen on Opening the Door and the Exclusionary Rule

James L. Kainen (Fordham University School of Law) has posted Shields, Swords, and Fulfilling the Exclusionary Rule's Deterrent Function (American Criminal Law Review, Vol. 50, 2013) on SSRN. Here is the abstract: Relying on the metaphor that a criminal defendant...

Friedman & Ponomarenko on Democratic Policing

Barry Friedman and Maria Ponomarenko (New York University School of Law and New York University School of Law) have posted Democratic Policing (New York University Law Review, Vol. 90, 2015) on SSRN. Here is the abstract: Of all the agencies...

"11th Circuit deepens the circuit split on applying the private search doctrine to computers"

Orin Kerr has this post at The Volokh Conspiracy. In part: In 2005, the 5th Circuit ruled that the entire computer was searched. In 2012,the 7th Circuit agreed with the 5th Circuit that the entire computer was searched. In May,...

"Cleveland Officer Says He Shot Tamir Rice After Fake Gun Was Pulled"

From The New York Times: The statement is the first public accounting of the Nov. 22, 2014, shooting from Officer Loehmann, who shot Tamir, who was black, within seconds of spotting him outside a neighborhood recreation center. The gun Officer...