October 7, 2006
International CrimProf Jimmy Gurulé Leads Terrorism Funding Prevention Talk
Notre Dame Law School International CrimProf Jimmy Gurulé will give talks to academics, international financiers and law enforcement officials in India on U.S. efforts to prevent the funding of international terrorism.
The talks, sponsored by the U.S. State Department and scheduled for Oct. 8 to Oct. 19 in Pune, Mumbai, Delhi, and Calcutta, continue a series of similar presentations made by Gurulé last year in cities throughout Europe and South America.
During his India tour, he will meet with members of the Institute for Defense Studies and Analysis, officials of the Central Economic Intelligence Bureau and U.S. Ambassador to India David Mulford. He also will meet with the director and faculty of India’s National Institute of Bank Management, faculty at the Indira School of Management Studies, and to students and faculty of the Gopaldas Advani LawCollege.
A member of the LawSchool faculty since 1989, Gurulé is an expert in complex criminal litigation, anti-money laundering, criminal and scientific evidence, organized crime, and international criminal law. He has twice taken leaves of absence from the University to work for the United States government. From 2001 to 2003, he served as the treasury department’s undersecretary for enforcement. From 1990 to 1992, he was assistant attorney general in the justice department’s Office of Justice Programs. [Mark Godsey]
"Sweetheart Swindler" Charged With Hate Crime
An 18 year-old woman who flirted with elderly men in grocery stores and charmed them into giving her access to their bank accounts, etc., has been charged with a hate crime for choosing her fraud victims on the basis of age. [Mark Godsey]
What We Can Learn From the Amish...
...about crime and punishment. [Mark Godsey]
October 6, 2006
CrimProf Spotlight: Floralynn Einesman
This week the CrimProf Blog Spotlights California Western School of Law CrimProf Floralynn Einesman.
After law school, Professor Einesman's ambition to become a criminal defense lawyer brought her to San Diego, where she was a trial attorney at Federal Defenders of San Diego, Inc. Her career included solo practice, handling complex civil litigation at the San Diego law firm Procopio, Cory, Hargreaves & Savitch, and visiting at the University of San Diego School of Law as a clinical professor.
Einesman's publications concentrate on issues in criminal procedure; including the constitutionality of a grand jury subpoena for blood, and the interaction of Miranda and culture. Additionally, she is a trained mediator who mediates disputes at various locations throughout San Diego. [Mark Godsey]
October 5, 2006
New Law Lets Nonviolent Ex-Convicts Earn Their Way Off Parole
From latimes.com: Hoping to reduce the number of Californians who cycle in and out of prison, Gov. Arnold Schwarzenegger has quietly signed a bill allowing nonviolent ex-convicts to earn their way off parole early by completing an intensive drug treatment program.
Under the law, which takes effect in January, only ex-convicts who were serving time for nonviolent crimes — such as drug or property offenses — and have completed at least six months of addiction treatment in prison will be eligible. No one convicted of a sex offense will qualify.
Once released, eligible parolees who wish to participate will be sent directly to a residential drug treatment program for five months. If they graduate, they will immediately be freed from parole supervision. Rest of Article. . . [Mark Godsey]
Police Departments are Acquiring the Latest Technology to Prevent. . . Tailgating?
From NPR.com: A number of police departments across the country are trying out technology already used in Europe to help catch drivers who follow too close to the car in front of them. Officials believe it's time to crack down on tailgating. Listen. . . [Mark Godsey]
CSI Symposium at The New England School fo Law
The New England School of Law's Law Review will be holding a symposium titled: "The 'CSI Effect': The True Effect of Crime-Scene Television on the Justice System" on October. 13.
Panels will focus on the following topics:
- "Pop Culture and the Court Room: Prosecution Problems and Solutions to the CSI Effect"
- "Wrongful Convictions: Unreliable Forensic Evidence Paving the Way for a Guilty Verdict"
- "Real-Life Forensics: How Are Crime-Scene Investigation Shows Affecting the Police?"
- "Bridging the Gap Between Real-Life Forensics and Fiction for Jurors: Who Will Do It and How Can It Be Done?"
Carol Henderson, director of the National Clearinghouse for Science, Technology, and the Law and a visiting professor of law at Stetson University College of Law, will deliver the keynote speech, "Faux-N-Sics: Is CSI the Cause or the Effect?"
October 4, 2006
Justice Dept Report: Federal Prisons Fail to Monitor for Terrorism
From USATODAY.com: The Justice Department issued a damning account of the federal prison system's failure to monitor potentially criminal communications of convicted terrorists and other inmates at some of the nation's most secure government facilities.
In a 100-page report released Tuesday, Justice Department Inspector General Glenn Fine found that the federal Bureau of Prisons (BOP) fails to adequately monitor prisoners' mail, telephone calls, visitor communications and cell-block conversations that could be part of criminal enterprises.
The bureau also lacks the staffing and expertise to translate communications conducted in foreign languages or to assess possible threats, the report found.
"The BOP incarcerates international terrorists inmates who require sophisticated monitoring and analyses of their communications and activities," the report concluded. "The BOP's monitoring procedures, intelligence analysis and foreign language capabilities have not evolved to that level."
Rest of Article. . . [Mark Godsey]
CrimProf Mary Leary Discusses New Internet Laws that May Be Used to Prosecute Foley
News-Press.com: Catholic University of America Columbus School of Law CrimProf Mary Leary discusses the new laws that may be used to prosecute Former Rep. Mark Foley for allegedly sending sexually explicit Internet messages to teenage congressional pages.
CrimProf Leary said the laws that might be used to prosecute Foley were born of the realization that the Internet ushered in a new way to prey on children.
According to a 2001 study by the Crimes Against Children Research Center, one in five children who used the Internet had been sexually solicited or approached in the previous year. Prosecutors sought a way to arrest sexual predators before they were able to arrange a meeting with potential victims.
"They were running into a problem where they had evidence of inappropriate discussions but no actual criminal act," Leary said. "The new laws changed that."
One of the laws that may apply began as a 1998 bill sponsored by Foley and 36 House colleagues that prohibits sending obscene photos or messages to minors over the Internet. Violators face up to 10 years in prison. Rest of Article. . . [Mark Godsey]
OSU Moritz College of Law Holds Miranda Symposium
The 40th anniversary of the U.S. Supreme Court's landmark decision in Miranda v. Arizona will be marked with a symposium at The Ohio State University Moritz College of Law on Friday, October 6. The symposium is sponsored by the Ohio State Journal of Criminal Law and organized by Moritz Law Professor Marc Spindelman as the guest editor.
A panel of four of the country’s foremost experts on Miranda will discuss Miranda, led by one of the rising stars of the Supreme Court reporters’ pool, Charlie Savage of the Boston Globe.
The panelists are Professor Yale Kamisar (University of Michigan Law School and University of San Diego School of Law), Professor Ronald Allen (Northwestern University School of Law), Professor George Thomas (Rutgers School of Law), and the Hon. Gerard E. Lynch (U.S. District Court for the Southern District of New York and Columbia Law School).
Papers by the speakers, along with an introduction by Professor Marc Spindelman (Moritz College of Law), will be published in the Ohio State Journal of Criminal Law.
October 3, 2006
CrimProf Mimi Wesson Discusses New Supreme Court Session on NPR
From NPR.com: University of Colorado School of Law CrimProf Mimi Wesson was recently interviewed on NPR about the Supreme Court's new session with concern to the issues of race and abortion.
Marianne Wesson has been a member of the CU School of Law faculty for over two decades, teaching and researching in the areas of criminal law, evidence, trial advocacy. She practiced criminal law as an assistant attorney general for the state of Texas and as an assistant U.S. attorney for the district of Colorado.
Her articles have appeared in a wide variety of law reviews and journals, and she has served as an editor and adviser for a number of legal and academic journals. She has been a member of the Criminal Law Test Development Committee of the National Conference of Bar Examiners since 1978, and currently serves as its Chair.
Her expertise in the field is such that she is a commentator for several media outlets, including NBC, ABC, CBS, MSNBC, the Washington Post, the Dallas Morning News, the Denver Post, and the Rocky Mountain News. Mimi is a regular legal correspondent for National Public Radio.
Listen. . . [Mark Godsey]
New York Law School CrimProf Sadiq Reza Recieves Tenure
The New York Law School Faculty and Board of Trustees recently voted tenure for CrimProf Sadiq Reza.
Professor of Law Sadiq Reza, an authority in criminal law and procedure, is a former public defender in Washington, D.C., and also an award-winning teaching fellow at Harvard who taught undergraduate courses in Islam and the modern Middle East.
He is the author of insightful articles on the right to privacy as it applies to criminal suspects and arrestees, and to the government’s widespread use of detention of immigrants after 9/11. He has been a wise and measured voice for justice in our nation’s response to terrorism.
Professor Reza’s current research and writing is in criminal law and procedure in Islamic law (sharia) and in countries of the contemporary Muslim world. In 2004–2005, he was a visiting researcher at the Islamic Legal Studies Program at Harvard LawSchool.
He is now at work on a study of search and seizure in Islamic law and a separate inquiry into torture and confessions in Islamic law, and is coauthoring a pathbreaking textbook for this field of legal study. [Mark Godsey]
New Law Focuses on the War Against. . . Online Gambling?
From USATODAY.com: The $12 billion online gambling industry could turn into a house of cards now that the Congress has passed a law banning the use of credit cards, checks and electronic fund transfers for Internet gaming, industry experts warn.
President Bush is expected to sign the Unlawful Internet Gambling Enforcement Act, which makes it illegal for banks, credit card companies and online payment systems to process payment to online gambling companies.
The federal government has been cracking down on Internet betting on sports, poker and other casino games that it considers illegal under the 1961 Wire Act. Considering that American bettors generate 50%-60% of industrywide revenue, many operators will be forced to either cash in their chips and go out of business or sell or merge with another provider, experts say.
Rest of Article. . . [Mark Godsey]
October 2, 2006
The Corporal Punishment Conflict Still Exists in the U.S.
From NYTimes.com: Over most of the country and in all but a few major metropolitan areas, corporal punishment has been on a gradual but steady decline since the 1970’s, and 28 states have banned it. But the practice remains alive, particularly in rural parts of the South and the lower Midwest, where it is not only legal, but also widely practiced.
The most recent federal statistics show that during the 2002-3 school year, more than 300,000 American schoolchildren were disciplined with corporal punishment, usually one or more blows with a thick wooden paddle. Sometimes holes were cut in the paddle to make the beating more painful. Of those students, 70 percent were in five Southern states: Texas, Mississippi, Tennessee, Alabama and Arkansas.
In a handful of districts, there have been recent moves to reinstate it, some successful, more not. In Delaware, a bill to rescind that state’s ban on paddling never got through the legislature. But in Pike County, Ohio, corporal punishment was reinstated last year. And in southeast Mississippi, the Laurel school board voted in August to reinstate a corporal punishment policy, passing one that bars men from paddling women, but does not require parental consent, as many other policies do.
Often the battle over corporal punishment is being fought on the edges of Southern cities, where suburban growth pushes newcomers from across the country into rural and religiously conservative communities. In these areas, educators say, corporal punishment is far more accepted, resulting in clashing attitudes about child-rearing and using the rod. Rest of Article. . . [Mark Godsey]
California's Death Penalty Tactics Could be Cruel and Unusual Punishment
From latimes.com: Thousands of pages of depositions and four days of testimony last week in a federal courtroom here provided the most intimate portrait yet of a California's lethal injection methods.
Witnesses depicted executions by lethal injection — long considered a more humane alternative to the gas chamber or the electric chair — as almost haphazard events, and medical experts on both sides could not rule out the possibility that one or more inmates had been conscious and experienced an excruciating sensation of drowning or strangulation before death.
Describing the pressure executioners feel and the surreal atmosphere in which they work, one executioner explained: "There's no other place in the world that you're asked to start an IV for that purpose."
U.S. District Court Judge Jeremy Fogel, who presided over the trial here, is now reviewing the testimony and records to determine if the state can continue to perform lethal injection executions or if it should revise procedures to ensure the condemned don't suffer cruel and unusual punishment in violation of the Constitution. The litigation was brought by Michael Morales, condemned for the 1981 murder of Terri Winchell, 17, a high school student from Lodi.
Rest of Article. . . [Mark Godsey]
Despite 3 Strike Rules, Serial Offenders Still Slip Through
From ChicagoTribune.com: All across the nation, in cities large and small, police departments deal with serial offenders who cycle through the criminal justice system hundreds of times, only to end up back on the street to be arrested all over again.
It's a phenomenon that persists despite the near-universality of "three strikes" laws that are supposed to keep habitual criminals behind bars.
It's not something police departments are eager to publicize, so most don't even try to compile the data. Police in Houston, Chicago and Los Angeles, for example, said they don't keep lists of most-arrested criminals. Neither does the FBI. In a world of three-strikes laws, in other words, few are counting the at-bats.
"I think the public would be very shocked to find out how much of this is going on," said Sgt. Steve Copeland of the Houston Police Department's major offenders division. "But if you publicized a list like that, you would have a hard time explaining how these guys keep getting out to commit these crimes." Rest of Article. . . [Mark Godsey]
Does Your Cell Phone Scream?
There are some crazy ringtones out there, but soon you may hear cell phones screaming. And if so, an alarm should go off in your head--stolen phone! A new system, called Remote XT, available in the UK, has been designed to fight cell phone thieves one scream at a time, an ever increasing concern with all-in-one devices popping up all over the market. Here's how it works. Remote XT sends a signal to a handset reported lost or stolen, wiping data from the stolen phone, disabling it within two minutes, and causing it to emit an alarm similar to a scream. The service is targeted at business customers and will be available on a number of smartphone devices, including several network branded HTC models, Nokia's E and N series handsets and the Sony Ericsson P990i. But according to UK's Mobile Counter Intelligence Magazine, there's just one catch to the system's seeming ability to outwit thieves. If the handset is reset, it is still possible to reprogram the phone. Details here. . . [Michele Berry]
National Crime Lab Directors Symposium: Managing the Technical Side of Forensics
The American Society of Crime Laboratory Directors (ASCLD) is holding its 34th Annual Workshop and Symposium, "Practical Issues Facing Crime Laboratory Managers: Managing the Technical Side of Forensics," Tues, Oct. 3 through Thurs., Oct. 5 at the San Francisco Marriott.
A common challenge facing all crime lab directors is how to manage the increasing forensic evidence backlogs -- including fingerprints, controlled substances, trace evidence, DNA and toxicology. At last check, the largest 50 laboratories in the U.S. more than doubled their backlogs of unprocessed evidence. "Most crime labs in our country are located in aging facilities, face growing backlogs, lack equipment, and are not fully staffed...Most forensic funding is going to DNA-only, and we need to change this or everything else suffers," says Earl Wells, President of ASCLD. The issue of funding forensic science is currently in discussion between U.S. Senate and U.S. House of Representatives negotiators, as part of the federal government's criminal justice budget for next year.
The symposium is being sponsored by Marshall University, a member of the Forensic Resource Network, through its cooperative agreement with the National Institute of Justice. More information. . . [Michele Berry]
October 1, 2006
New Oklahoma Prisoner Savings Accounts
From the AP/Ardmoreite.com: Oklahoma prison inmates will have savings accounts when they are paroled or released under a new state law that requires the Department of Corrections to set aside 20 percent of all money sent to the inmates for savings.
Family members and friends of inmates often send them money for hygiene, clothing, food or craft items that can be purchased at the prison canteen. Some inmates, depending on classification, are allowed to purchase a television set. Funds sent to prisoners are recorded in a canteen account, which is deducted when they make a purchase.
A spokesman for the Corrections Department, Jerry Massie, said the principle behind the new law is to give inmates some savings when they leave the system to help them with their re-entry efforts.
But some families have complained that the new law, which goes into effect in January, will create a financial hardship for those already struggling to provide inmates with enough money to buy necessary products. Rest of Article. . . [Mark Godsey]
This Week's Top Five Crim Papers
The top 5 crim papers for this week, with number of recent downloads, on SSRN are:
|(1)||161||The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy? |
Orin S. Kerr,
George Washington University - Law School,
Date posted to database: September 4, 2006
Last Revised: September 5, 2006
|(2)||136||Manson v. Brathwaite Revisited: Towards a New Rule of Decision for Due Process Challenges to Eyewitness Identification Procedures |
Timothy O'Toole, Giovanna E. Shay,
Affiliation Unknown, Yale University,
Date posted to database: July 14, 2006
Last Revised: July 14, 2006
|(3)||129||The First Amendment as Criminal Procedure |
Daniel J. Solove,
George Washington University Law School,
Date posted to database: August 18, 2006
Last Revised: September 22, 2006
|(4)||104||Full and Fair by What Measure?: International Law Standards Regulating Military Commission Procedure |
David W. Glazier,
Loyola Law School Los Angeles,
Date posted to database: April 18, 2006
Last Revised: September 7, 2006
|(5)||89||Therapeutic Jurisprudence and Readiness for Rehabilitation |
David B. Wexler,
University of Arizona - James E. Rogers College of Law,
Date posted to database: September 8, 2006
Last Revised: September 14, 2006