CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, August 1, 2005

National Nite Out Against Crime Tonight

From the Pasadena Star News:  "The 22nd annual National Nite Out Against Crime will take place Tuesday with many communities ready to participate in the national crime- , drug- and violence- prevention program.  The National Association of Town Watch, a nonprofit organization, created the event to send a message to criminals that neighborhoods are organized against crime and fighting back.  More than 34 million people in 10,000 communities in all 50 states, U.S. territories, Canada and military bases around the world are expected to take part."   Story . . .  [Mark Godsey]

August 1, 2005 in News | Permalink | TrackBack (0)

AG on Gangs

Speech here. Homeland Security reports 500 gang arrests over the last two weeks. [Jack Chin]

August 1, 2005 in DOJ News | Permalink | TrackBack (0)

NY: Assault Turns into Manslaughter after Full Sentence Served

Story here.  Remember the year and a day rule? [Jack Chin]

August 1, 2005 in Criminal Law | Permalink | TrackBack (0)

Opposition to NYC Subway Searches

From NPR.com:  "Morning Edition, July 28, 2005 · In the wake of the London bombings, New York City officials have begun random searches of subway passengers. Some New Yorkers are taking it in stride, but a civil liberties group is raising legal questions saying that the search policy gives a false sense of security."  Listen to story here.  [Mark Godsey]

August 1, 2005 in Search and Seizure | Permalink | TrackBack (0)

New Article Spotlight: Stephanos Bibas

Stephanosbibas Iowa CrimProf Stephanos Bibas has posted Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants? on SSRN. The article is forthcoming in the Georgetown Law Journal.  Here's the abstract:

In Crawford v. Washington, Justice Scalia's majority opinion reinterpreted the Confrontation Clause to exclude otherwise reliable testimonial hearsay unless the defendant has been able to cross-examine it. In Blakely v. Washington, Justice Scalia's majority opinion required that juries, not judges, find beyond a reasonable doubt all facts that trigger sentences above ordinary sentencing-guidelines ranges. Crawford and Blakely are prime case studies in the strengths, weaknesses, and influence of originalism and formalism in criminal procedure. Crawford succeeded because it cleared away muddled case law, laid a strong foundation in the historical record, and erected a simple, solid, workable rule. Blakely failed, in contrast, because the historical record is weak, the Court was unwilling to be radical enough, and its bright-line rule is inflexible and impractical. This Essay concludes by considering whether originalism and formalism are compatible, which methodology takes precedence, and how much they influence other members of the Court.

To obtain the paper, click here.  [Mark Godsey]

August 1, 2005 in Scholarship | Permalink | TrackBack (0)

More Disgusting Youth Sports Violence

A youth baseball coach must stand trial on soliciting assault charges for offering one of his players $25 to injure a mentally disabled teammate.  The apparent motivation was that the disabled player was very good on the field, and the coach didn't want to have to play him.  Story . . .  [Mark Godsey, thanks to Janet Ainsworth of Seattle]

August 1, 2005 in News | Permalink | TrackBack (0)

This Week's Top 5 Crim Papers

Ssrnlogo100_1 This week's top 5 crim papers, with number of recent downloads on SSRN, are:

(1) 244 Financial Scandals and the Role of Private Enforcement: The Parmalat Case
Guido Alessandro Ferrarini, Paolo Giudici,
Università degli Studi di Genova - Law School, Free University of Bozen-Bolzano - School of Economics,
Date posted to database: May 27, 2005
Last Revised: June 9, 2005
(2) 243 Cultural Cognition and Public Policy
Dan M. Kahan, Donald Braman,
Yale Law School, Yale University - Law School,
Date posted to database: June 21, 2005
Last Revised: July 31, 2005
(3) 191 Exonerations in the United States, 1989 through 2003
Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil,
University of Michigan Law School, University of Michigan Law School, University of Michigan at Ann Arbor - Law School, University of Michigan at Ann Arbor, Children's Hospital of Philadelphia,
Date posted to database: July 6, 2005
Last Revised: July 26, 2005
(4) 93 Broken Windows: New Evidence from New York City and a Five-City Social Experiment
Bernard E. Harcourt, Jens Ludwig,
University of Chicago - Law School, Georgetown University - Public Policy Institute (GPPI),
Date posted to database: June 14, 2005
Last Revised: July 3, 2005
(5) 53 Moral Luck and the Criminal Law
Nir Eisikovits,
Boston University,
Date posted to database: April 8, 2005
Last Revised: April 8, 2005

August 1, 2005 in Weekly Top 5 SSRN Crim Downloads | Permalink | TrackBack (0)

Sunday, July 31, 2005

FBI Can't Translate Terrorism Recordings Fast Enough

The increased number of tapped telephones and recorded conversations stemming from the "War on Terror" has caused a huge backlog in getting them translated.  This apparently means that the FBI could record a call today describing an imminent attack, and we wouldn't know about it until it was too late.  Story . . .  [Mark Godsey]

July 31, 2005 in Homeland Security | Permalink | TrackBack (0)