CrimProf Blog

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

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Tuesday, September 13, 2005

NO Police Superintendent: "No Substantiated Rapes."

Is the outrageous looting and violence in New Orleans inthe wake of the hurricane real, or is it based on the rumors, tales and suppositions which might be expected from a frightening situation coupled with a complete breakdown of communications?  The Boston Globe reports that the top cop of New Orleans reports "no substantiated rapes."  [Jack Chin]

September 13, 2005 in News | Permalink | TrackBack (0)

Are Prior False Claims of Rape Excluded Under Rape Shield Laws?

Two courts said such evidence is not barred by rape shield in August; the Tennessee Court of Criminal Appeals in State v. Hooper, 2005 WL 1981789 (Tenn.Crim.App., Aug 16, 2005) and the Utah Supreme Court in State v. Tarrats, 2005 WL 1868861, 532 Utah Adv. Rep. 3, 2005 UT 50--but in each case the error was harmless or the foundation unproved.  [Jack chin]

September 13, 2005 in Sex | Permalink | TrackBack (0)

Two DeLay Associates Indicted

Story here. [Jack Chin]

September 13, 2005 in News | Permalink | TrackBack (0)

O'Connor Replacement Rumors

5th Circuit Judge Priscilla Owens and Pepsi GC Larry Thompson.  [Mark Godsey]

September 13, 2005 in Supreme Court | Permalink | TrackBack (0)

NC Bar Charges Prosecutor With Misconduct in Capital Case

From the DPIC:  "The North Carolina State Bar has charged two former Union County prosecutors with lying, cheating, and withholding evidence in a 1996 murder case that ended in a death sentence. The charges state that former Union County District Attorney Kenneth Honeycutt and his assistant, Scott Brewer, each committed 23 violations of the rules that govern lawyers during their 1996 prosecution of Jonathan Hoffman, who was sentenced to death for robbery and murder. The State Bar says that Honeycutt and Brewer lied to the trial judge, the jury and the defense lawyers and knowingly used false evidence during Hoffman's capital trial. Evidence indicates that the two prosecutors hid a deal to reward the state's key witness - Hoffman's cousin who was facing prison sentences in South Carolina and in federal prison - with immunity from state and federal prosecutions, money, and a reduction in his federal sentence. Under standards established by the U.S. Supreme Court, prosecutors must disclose any concessions or immunity they give to witnesses. Last year, Hoffman won a new trial after more than seven years on death row. He remains in jail awaiting his new trial.  State Bar charges of prosecutorial misconduct are rare in North Carolina, and only four prosecutors have been disciplined in the past 10 years. If they are found guilty in a hearing before the bar, Honeycutt and Brewer's punishment could range from a written reprimand to the loss of their law licenses. After an unsuccessful run for the state House of Representatives, Honeycutt retired from his job as Union County's District Attorney. Brewer is now a District Court judge in Rockingham, North Carolina. (News & Observer, September 7, 2005)."  [Mark Godsey] 

September 13, 2005 in Capital Punishment | Permalink | TrackBack (0)

Hurricane Katrina Donation Scams

From NPR.com:  "All Things Considered, September 9, 2005 · Apparent scams preying on people who want to donate to help victims of Hurricane Katrina are being found on the Internet. No regulatory agency checks on the backgrounds of people who register domain names, so the field is open for abuse."  Listen to story here . . .  [Mark Godsey]

September 13, 2005 in News | Permalink | TrackBack (0)

Upcoming Workshops

George Mason:  Sept. 8: JJ Prescott, Harvard Law School and MIT Department of Economics
Title: Measuring the Consequences of Criminal Jury Trial Protections

Loyola LA:  Thursday, September 15, 11:45 a.m. to 1:00 p.m. in FH126
Richard Leo, Associate Professor of Criminology, Law and Society; and
Associate Professor of Psychology and Social Behavior, University of California at
Irvine:      "Police Interrogation and the American Process of Justice"

NYU:  November 23:  Anders Walker, Assistant Professor, John Jay College of Criminal Justice, CUNY,  "The Rise of Criminal Law: Science, Psychiatry, & the Model Penal Code”

Florida:  November 9—
Event: Faculty Presentation at 12 noon in FDR.
Topic: Reformulating the Miranda Warnings in Light of Contemporary Law & Understandings
Speaker: Professor Mark Godsey, Associate Professor, University of Cincinnati College of Law

September 13, 2005 in Colloquia | Permalink | TrackBack (0)

Monday, September 12, 2005

Profile of Wayne CrimProf David Moran

Discussing his Supreme Court arguments and Innocence Project work here. [Jack Chin]

September 12, 2005 in News | Permalink | TrackBack (0)

Sunday, September 11, 2005

This Week's Top Crim Papers

Ssrnlogo100_4 This week's top 5 crim papers, with number of recent downloads on SSRN, are as follows:

(1) 459 Search and Seizure: Past, Present, and Future
Orin S. Kerr,
The George Washington University Law School,
Date posted to database: July 14, 2005
Last Revised: July 14, 2005
(2) 366 The Political Constitution of Criminal Justice
William J. Stuntz,
Harvard Law School,
Date posted to database: August 14, 2005
Last Revised: August 25, 2005
(3) 249 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) 187 Aspects of the Theory of Moral Cognition: Investigating Intuitive Knowledge of the Prohibition of Intentional Battery and the Principle of Double Effect
John Mikhail,
Georgetown University - Law Center,
Date posted to database: July 27, 2005
Last Revised: September 6, 2005
(5) 122 Against Prediction: Sentencing, Policing, and Punishing in an Actuarial Age
Bernard E. Harcourt,
University of Chicago - Law School,
Date posted to database: July 27, 2005
Last Revised: July 30, 2005

September 11, 2005 in Weekly Top 5 SSRN Crim Downloads | Permalink | TrackBack (0)

Toobin in The New Yorker on Justice Kennedy

Here. [Jack Chin]

September 11, 2005 in International | Permalink | TrackBack (0)

An Inept Counterfeiter

Put Lincoln's face on some bogus $100 bills. He managed to pass a bunch anyway.  [Jack Chin]

September 11, 2005 in News | Permalink | TrackBack (0)

Judge Benefits From Rape Technicality

A New Mexico judge was charged with rape, aggravated because it occurred during another felony.  he is accused of meeting a woman in a bar, and promising to have battery charges dismissed against her husband in exchange for sex.  The aggravating felony was a bribery charge.  However, that particular statute is inapplicable to judges, as it turns out.

NMSA 10-16-3(D) provides:   "No legislator, public officer or employee may request or receive . . . any money, thing of value or promise thereof that is conditioned upon . . . performance of an official act."

NMSA 10-16-2(g) defines "public officer or employee" as "any person who has been elected to, appointed to or hired for any state office and who receives compensation in the form of salary or is eligible for per diem or mileage, but excludes legislators and judges."  So the definition excludes legislators and judges, the text of the operational provsion puts legislators back in, and judges are not covered by the statute, presumably because of the importance of bribery to the successful administration of justice.

Another New Mexico judge was convicted of a series of felonies for exchanging leniency for sex. The NM Court of Appeals affirmed, but review has been granted. State v. Maestas, 137 N.M. 477, 112 P.3d 1134, 2005-NMCA-062 (N.M. App. Mar 28, 2005) [Jack Chin]

September 11, 2005 in News | Permalink | TrackBack (0)