CrimProf Blog

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

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Tuesday, January 10, 2006

Marine Arrested in 1965 Desertion

Story here. [Jack Chin]

January 10, 2006 in News | Permalink | Comments (0) | TrackBack (0)

Blog Confessions

Here's a story on people confessing to serious crimes on blogs. Telling the truth to make no money--it is kind of the opposite of authors who exaggerate their crimes to sell books.  [Jack Chin]

January 10, 2006 in News | Permalink | TrackBack (0)

Georgetown CrimProf David Cole Receives Award from SALT

Davidcole For his "unflagging efforts to preserve the legal rights of detainees in the U.S., at Guantánamo Bay, and around the world," Georgetown University Law Center Professor David Cole was presented a 2006 M. Shanara Gilbert Human Rights Award by the Society of American Law Teachers (SALT).  Cole received the award on January 6 at SALT’s annual dinner during the Association of American Law Schools (AALS) annual meeting in Washington, D.C.  More . . .  [Mark Godsey] 

January 10, 2006 in CrimProfs | Permalink | Comments (0) | TrackBack (0)

DeLay Rebuffed in TX Court of Criminal Appeals

Story here. [Jack Chin]

January 10, 2006 in News | Permalink | Comments (1) | TrackBack (0)

CSI Shows Boost Enrollment in Forensic Degree Programs

Inspired by crime dramas such as "CSI," waves of students have enrolled in forensic science programs, but professors and police say students aren't always aware of the realities of the job.Being a criminalist, evidence technician or a crime scene specialist requires solid math and science skills, along with the stamina to deal with decomposing bodies and other unpleasant aspects of law enforcement.  Cal State Northridge, sociology professor James David Ballard, who teaches criminology and anti-terrorism classes, said he frequently sees students who think "they can walk in, get a four-year degree, walk out and be one of those pretty people on TV."  Rest of Story....[Mark Godsey]

January 10, 2006 in Technology | Permalink | Comments (0) | TrackBack (0)

New Article Spotlight

Freedman CrimProf Eric M. Freedman of Hofstra has posted Giarratano is a Scarecrow: The Right to Counsel in State Capital Post-conviction Proceedings on SSRN.  Here's the abstract:

Giarratano v. Murray, 492 U.S. 1 (1989) rejected the claim of a Death Row inmate that he had a constitutional right to the appointment of counsel to assist him in pursuing state post-conviction remedies. The thesis of this article, stated in Part I, is that, like Bowers v. Hardwick, 476 U.S. 186 (1986), before it was overruled by Lawrence v. Texas, 539 U.S. 558 (2003), Giarratano is dead - a scarecrow.

Part II reviews the Giarratano litigation, noting several of the questions that the Supreme Court left unaddressed.

Part III describes the subsequent actions of the states, actions that have considerable legal significance. Today every active death penalty state except Alabama provides for the pre-filing appointment of counsel to assist indigent Death Row inmates in the preparation of post-conviction petitions challenging their convictions and sentences.

Part IV posits that Giarratano has been much overread. The controlling opinion of Justice Kennedy does recognize that capital post-conviction petitioners have a right to counsel in certain circumstances - and those circumstances exist in today’s world.

Part V focuses on due process issues. Part V (A) notes that the Court should have applied the procedural due process framework of Mathews v. Eldridge, 424 U.S. 319 (1976), but did not. Had it done so, or were it to apply its more recent analysis of the due process right to counsel with respect to criminal proceedings (or to revive its older one based on equal protection), the constitutional right would be secure. Moreover, Part V (B) argues, the decision of the states to create statutory entitlements provides an independent source of due process protection against their arbitrary deprivation.

Part VI discusses the Eighth Amendment and the changes in the legal and factual environments since Giarratano. These changes show the case to be inconsistent with contemporary standards of accuracy respecting capital determinations.

Part VII considers whether Giarratano would pass muster under the legal norms applicable to the democracies of Europe and concludes that it would not.

Part VIII concludes by urging judges, lawyers, and legislators to recognize the reality that Giarratano is a lifeless husk and calling upon the Supreme Court to inter it.

Obtain paper here.  [Mark Godsey]

January 10, 2006 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, January 9, 2006

NJ Suspends Death Penalty Pending Study

Story here. [Jack Chin]

January 9, 2006 in News | Permalink | Comments (0) | TrackBack (0)

NY Ferry Officials Sentenced

A ferry manager who allowed a vessel to travel with only one instead of the two required pilots, and a ferry pilot who fell asleep at the wheel were sentenced to short prison terms.  11 people died in a 2003 accident. [Jack Chin]

January 9, 2006 in News | Permalink | Comments (0) | TrackBack (0)

NC Considers Return to Juvenile Sentencing

Has sentencing middle teens as adults worked? The NC Sentencing Commission is going to do a study. [Jack Chin]

January 9, 2006 in Criminal Justice Policy | Permalink | Comments (0) | TrackBack (0)

Sunday, January 8, 2006

DOJ Report on Misidentified Madrid Bomber

A Justice Department report faulted the FBI for sloppy work but cleared the agency of more serious allegations in the botched fingerprint investigation of Oregon lawyer Brandon Mayfield. The report concluded that errors in fingerprint analysis did not result from misconduct, Mayfield's Muslim religion, or abuse of the Patriot Act...An executive summary of the classified report by Inspector General Glenn Fine found the FBI, despite its failings in the case, did not exhibit bias or violate provisions of the anti-terrorism law...The report, released Friday, said the primary reason the FBI connected Mayfield's fingerprint to the one on the backpack was its "unusual similarity" to that of Algerian national Ouhnane Daoud. The fingerprint was ultimately determined to be Daoud's. Mayfield and his supporters accused the FBI of religious bias against Mayfield, a former Army officer who had converted to the Muslim faith. Read more from CNN.com. . . [Mark Godsey]

January 8, 2006 in DOJ News | Permalink | Comments (0) | TrackBack (0)

Oral Arguments in 4th Amendment Case Today

Hudson v. Michigan

Docket:04-1360

Term: 05-06

Appealed From: Michigan Court of Appeals (April 13, 2005)

Oral Argument: 01-09-06

Subject:4th Amendment, knock and announce, exclusionary rule

Question presented: Does the inevitable discovery doctrine create a per se exception to the exclusionary rule for evidence seized after a 4th Amendment "knock and announce" violation, as the 7th Circuit Court of Appeals and the Michigan Supreme Court have held, or is evidence subject to suppression after such violations, as the 6th and 8th Circuits, the Arkansas Supreme Court and the Maryland Court of Appeals have held?  More . . . [Mark Godsey]

January 8, 2006 in Search and Seizure | Permalink | Comments (0) | TrackBack (0)

This Week's Top 5 Crim Papers

Ssrn_7This week's top 5 crim papers, with number of recent downloads from SSRN, are as follows:

(1) 356 Economic Analysis of Law
A. Mitchell Polinsky, Steven Shavell,
Stanford Law School, Harvard Law School,
Date posted to database: November 29, 2005
Last Revised: December 16, 2005
(2) 226 No, Capital Punishment is Not Morally Required: Deterrence, Deontology, and the Death Penalty
Carol S. Steiker,
Harvard Law School,
Date posted to database: November 28, 2005
Last Revised: December 5, 2005
(3) 197 Foreword: Limiting Raich
Randy E. Barnett,
Boston University School of Law,
Date posted to database: November 11, 2005
Last Revised: November 21, 2005
(4) 145 The Theory of Public Enforcement of Law
A. Mitchell Polinsky, Steven Shavell,
Stanford Law School, Harvard Law School,
Date posted to database: November 17, 2005
Last Revised: January 4, 2006
(5) 121 Punishment, Deterrence, and Avoidance
Jacob Nussim, Avraham D. Tabbach,
Bar Ilan University - Faculty of Law, Tel Aviv University,
Date posted to database: November 11, 2005
Last Revised: December 2, 2005 

January 8, 2006 in Weekly Top 5 SSRN Crim Downloads | Permalink | Comments (0) | TrackBack (0)

Baltimore Cops Charged with Rape

From CNN.com: Baltimore, MD (AP): Three city police officers have been indicted on rape charges alleging that one officer had sex with a woman at a police station in exchange for her release and that the other two conspired to let it happen, the state's attorney's office said. Story. . . [Mark Godsey]

January 8, 2006 in Sex | Permalink | Comments (0) | TrackBack (0)