CrimProf Blog

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

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Tuesday, October 11, 2005

Feds Consider Collecting DNA From All Arrestees

All Things Considered, October 8, 2005 · The Senate considers legislation to require DNA samples from those arrested by federal agents. Sponsors cite the advantage for police investigating crime scenes. Civil liberties advocates are wary.  Listen here . . .  [Mark Godsey]

October 11, 2005 in Search and Seizure | Permalink | TrackBack (0)

6th Circuit Judge Writes That Death Penalty is Flawed

From the DPIC:  "In a dissenting opinion filed in the capital case of Moore v. Parker, Judge Boyce Martin of the U.S. Court of Appeals for the Sixth Circuit wrote that "the death penalty in this country is arbitrary, biased, and so fundamentally flawed at its very core that it is beyond repair." Among his many criticisms of the way capital punishment is applied in the U.S., Martin specifically noted his concerns about the issues of innocence, inadequate defense counsel, and the overall arbitrariness of the system." [ More ]  [Mark Godsey]

October 11, 2005 in Capital Punishment | Permalink | TrackBack (0)

Monday, October 10, 2005

Kansas Judge Removed for Viewing Porn

Story here, opinion here. [Jack Chin]

October 10, 2005 in News | Permalink | TrackBack (0)

Nevada: DUIs County for Habitual Criminal Law

3 DUIs can get you 20 years in Nevada, says the Supreme Court in a new decision. Story here, opinion here. [Jack chin]

October 10, 2005 in Criminal Law | Permalink | TrackBack (0)

Sunday, October 9, 2005

This Week's Top 5 Crim Papers

Ssrn_1This week's top 5 crim papers, with number of recent downloads on SSRN, are as follows:

(1) 436 The Political Constitution of Criminal Justice
William J. Stuntz,
Harvard Law School,
Date posted to database: August 14, 2005
Last Revised: October 6, 2005
(2) 242 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 14, 2005
(3) 135 Rescue Without Law: An Empirical Perspective on the Duty to Rescue
David A. Hyman,
University of Illinois College of Law,
Date posted to database: September 7, 2005
Last Revised: September 20, 2005
(4) 128 Data Matching, Data Mining, and Due Process
Daniel J. Steinbock,
University of Toledo - College of Law,
Date posted to database: August 1, 2005
Last Revised: August 1, 2005
(5) 84 Fourth Amendment Codification and Professor Kerr's Misguided Call for Judicial Deference
Daniel J. Solove,
The George Washington University Law School,
Date posted to database: August 19, 2005
Last Revised: August 28, 2005

October 9, 2005 in Weekly Top 5 SSRN Crim Downloads | Permalink | TrackBack (0)

Vice Unit's "Hands On" Tactics for Catching Prostitutes is Rubbing People the Wrong Way: CrimProfs Weigh in

From SeattleTimes.com: "Lynnwood police concede they engaged in "rarely used" tactics during an undercover investigation into a suspected prostitution ring.  Those tactics, which included officers allowing prostitutes to masturbate them in exchange for cash, have raised questions among law-enforcement officials, legal experts and the Snohomish County Prosecutor's Office.

Lynnwood police Cmdr. Paul Watkins said he spent a great deal of time justifying the officers' actions to prosecutors to prove that the officers themselves weren't breaking the law...The officers didn't cross that line of engaging in intercourse or oral sex," Watkins said. "I advised them no oral sex, no intercourse, that's not going to happen. That's the understood policy. There's no written policy regarding this."

But other law-enforcement officials who weren't involved in the investigation say allowing officers to engage in such acts, even in an undercover investigation, goes too far. The usual tactic, they say, calls for an arrest once someone agrees to perform a sexual act in exchange for money.  Seattle and King County police, for example, do not allow undercover officers to have sexual contact with prostitutes...

Mark Roe, Snohomish County's chief criminal deputy prosecutor...plans to meet with the officers and their supervisors and said if he finds the actions were questionable, the criminal charges could be amended or dismissed...

[CrimProf John Strait of Seattle University], said what the Lynnwood officers did is not illegal in an undercover investigation, but he calls it "very bad policy."  "This is the equivalent of [undercover] cops doing drugs," Strait said. "I think very few narcotics officers toot crack, shoot heroin, do coke and marijuana. Here they are doing the same thing they are busting for."

University of Washington [CrimProf John Junker] agreed that it is bad form for police officers to engage in any sexual behavior with a person being investigated for such behavior. "It's unconscionable for the officers to actually engage in sexual contact with these women when it's being done for purposes of simply arresting them," Junker said. "Every cop who's ever worked vice knows that. I would think most departments prohibit it."

Junker said that because of the officers' actions he would be "astonished" if the women were prosecuted. "Either the prosecutor or the defense counsel is going to have to bring out that the officers had sex, and I would think the jury is going to be outraged," Junker said. "I'm outraged."...Watkins insists that he runs a "very ethical police department" and that these incidents don't "violate the ethical standards of [the] department." Story... [Mark Godsey]

October 9, 2005 in CrimProfs, Law Enforcement | Permalink | TrackBack (0)

New Orleans Criminal Justice System Stuggles to Function

First is was too much water, now it is not enough money to pay employees. [Jack Chin]

October 9, 2005 in News | Permalink | TrackBack (0)

New Orleans Police Beating Caught on Tape

Story here. [Jack Chin]

October 9, 2005 in Law Enforcement | Permalink | TrackBack (0)

Wyoming Job: Between the Lines, I read "Criminal Law/Procedure Preferred"

THE UNIVERSITY OF WYOMING COLLEGE OF LAW anticipates openings for three full-time tenure-track positions beginning in August 2006. We will consider both entry-level and experienced teachers. One position will focus on trial practice. Another will be for a director of the College's legal writing program. The third position is flexible, and we welcome applications from candidates in a variety of subject areas who are attracted to a unique opportunity at a strong, small law school in the Rocky Mountain West. Candidates must have superior academic credentials and demonstrate the potential for outstanding teaching and scholarship. We welcome applications from candidates whose backgrounds would enhance the diversity of our faculty.

Contact: Professor Elaine Welle, Chair, Faculty Appointments Committee, University of Wyoming College of Law, Dept. 3035, 1000 E. University Ave., Laramie, WY 82071.

October 9, 2005 in CrimProfs | Permalink | TrackBack (0)

Online Seminar

AFDA's Online Seminars:
Live Audio Webcast on Bureau of Prisons
October 12, 2005

PROGRAM: Federal Bureau of Prisons: Counseling The White Collar Offender To Do Federal Time

DATE / TIME: Wednesday, October 12, 2005, 3:00 - 4:30 pm (eastern)

A live, 90-minute audio webcast with slide presentation featuring David Novak, a nationally renowned sentencing / BOP consultant.

Fee is $10 for AFDA members, $35 for non-members

CLICK HERE FOR MORE DETAILS

CLICK HERE TO REGISTER

October 9, 2005 in Sentencing Corrections | Permalink | TrackBack (0)