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Saturday, July 5, 2008

Sanford H. Kadish Berkley Criminal Law Professor

                          FSBerkley_facultyphoto_2U Contact: Roxanne Livingston Sanford Kadish joined the Boalt faculty in 1964 and served as dean from 1975 to 1982. Previously, he taught at the University of Utah and the University of Michigan and also practiced with a New York firm.

Kadish has been a Guggenheim Fellow and visiting professor at Harvard, Columbia, Oxford, Cambridge, Kyoto-Doshisha University, the Freiburg Institute for Criminal Law, and the University of Melbourne. He has been president of both the American Association of University Professors and the Association of American Law Schools, as well as vice president of the American Academy of Arts and Sciences. He has received honorary degrees from the City University of New York and Cologne University.

Kadish was editor-in-chief of the Encyclopedia of Crime and Justice and his books include Discretion to Disobey; Criminal Law and Its Processes; and Blame and Punishment: Essays in Criminal Law. Recent publications include "Fifty Years of Criminal Law: An Opinionated Review," in the California Law Review (1999).

In 1991 Kadish was awarded the Berkeley Citation. In 1999 he received the ABA's Annual Research Award and was elected to the Executive Council of the American Academy of Arts and Sciences, Western Division.

Education:

FSU Contact: Roxanne Livingston Sanford Kadish joined the Boalt faculty in 1964 and served as dean from 1975 to 1982. Previously, he taught at the University of Utah and the University of Michigan and also practiced with a New York firm.

Kadish has been a Guggenheim Fellow and visiting professor at Harvard, Columbia, Oxford, Cambridge, Kyoto-Doshisha University, the Freiburg Institute for Criminal Law, and the University of Melbourne. He has been president of both the American Association of University Professors and the Association of American Law Schools, as well as vice president of the American Academy of Arts and Sciences. He has received honorary degrees from the City University of New York and Cologne University.

Kadish was editor-in-chief of the Encyclopedia of Crime and Justice and his books include Discretion to Disobey; Criminal Law and Its Processes; and Blame and Punishment: Essays in Criminal Law. Recent publications include "Fifty Years of Criminal Law: An Opinionated Review," in the California Law Review (1999).

In 1991 Kadish was awarded the Berkeley Citation. In 1999 he received the ABA's Annual Research Award and was elected to the Executive Council of the American Academy of Arts and Sciences, Western Division.

Education

B.S.S, City College of New York (1942)
LL.B., Columbia University (1948)
Dr. Jur., University of Cologne (1983)
LL.D., City University of New York (1985)
LL.D., Southwestern University (1993)

[Mark Godsey]

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July 5, 2008 in Weekly CrimProf Spotlight | Permalink | Comments (0) | TrackBack (0)

New Trends in U.S. Violent Crime Patterns?

The Atlantic: Falling crime rates have been one of the great American success stories of the past 15 years. New York and Los Angeles, once the twin capitals of violent crime, have calmed down significantly, as have most other big cities. Criminologists still debate why: the crack war petered out, new policing tactics worked, the economy improved for a long spell. Whatever the alchemy, crime in New York, for instance, is now so low that local prison guards are worried about unemployment.

Lately, though, a new and unexpected pattern has emerged, taking criminologists by surprise. While crime rates in large cities stayed flat, homicide rates in many midsize cities (with populations of between 500,000 and 1 million) began increasing, sometimes by as much as 20percent a year. In 2006, the Police Executive Research Forum, a national police group surveying cities from coast to coast, concluded in a report called “A Gathering Storm” that this might represent “the front end … of an epidemic of violence not seen for years.” The leaders of the group, which is made up of police chiefs and sheriffs, theorized about what might be spurring the latest crime wave: the spread of gangs, the masses of offenders coming out of prison, methamphetamines. But mostly they puzzled over the bleak new landscape. According to FBI data, America’s most dangerous spots are now places where Martin Scorsese would never think of staging a shoot-out—Florence, South Carolina; Charlotte-Mecklenburg, North Carolina; Kansas City, Missouri; Reading, Pennsylvania; Orlando, Florida; Memphis, Tennessee.

Read the full article here. [Brooks Holland]

July 5, 2008 in Criminal Law | Permalink | Comments (0) | TrackBack (0)

Friday, July 4, 2008

Changes Encouraged to Prevent False Confessions

There have been at least 56 wrongful convictions in New York State including those of Martin H. Tankleff and Jeffrey Mark Deskovic. Of those, at least 23 since 1991 have been based on DNA evidence — seven in the last eight years alone.

On Wednesday, the New York State Senate Democratic Task Force on Criminal Justice Reform held a forum

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July 4, 2008 in False Confessions | Permalink | Comments (0) | TrackBack (0)

Thursday, July 3, 2008

Texas man gets 4,060 years in prison

WEATHERFORD, Texas - A man was sentenced to more than 4,000 years in prison Wednesday for sexually assaulting three teenage girls over two years.

A day after finding James Kevin Pope guilty, jurors sentenced him to 40 life prison terms - one for each sex assault conviction - and 20 years for each of the three sexual performance of a child convictions.

At the request of prosecutors, state District Judge Graham Quisenberry ordered Pope to serve the sentences consecutively, adding up to 4,060 years. He will be eligible for parole in the year 3209, according to the Parker County District Attorney's Office.

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July 3, 2008 in Sentencing Corrections | Permalink | Comments (0) | TrackBack (0)

Fired to rehired City's record poor when dismissals go to arbitration

Bilde The Cincinnati Police Department tried and failed 19 times to fire officers and dispatchers in the past decade. One officer tackled an unarmed Alzheimer's patient, resulting in a $700,000 settlement. Another was accused of shooting a woman with a Taser and then taunting her. Two others drove a drunken woman home and had sex with her while on duty. Police administrators fired all the officers, including one who was fired twice. But many of them are back at work today. An Enquirer analysis of personnel files found that 35 police firing cases have been resolved since 1998. The firings stuck with 16 officers, but 11 of those cases involved criminal charges that made it difficult or, in some cases, impossible for the officers to return to work.

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July 3, 2008 in Criminal Justice Policy | Permalink | Comments (0) | TrackBack (0)

Terror watch uses local eyes Privacy advocates worry that officers' snooping will entangle innocent people

20080627__20080629_a06_cd29cctlospi Hundreds of police, firefighters, paramedics and even utility workers have been trained and recently dispatched as "Terrorism Liaison Officers" in Colorado and a handful of other states to hunt for "suspicious activity" — and are reporting their findings into secret government databases.

It's a tactic intended to feed better data into terrorism early-warning systems and uncover intelligence that could help fight anti-U.S. forces. But the vague nature of the TLOs' mission, and their focus on reporting both legal and illegal activity, has generated objections from privacy advocates and civil libertarians.

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July 3, 2008 in Homeland Security | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 2, 2008

In Court Ruling on Executions, a Factual Flaw

WASHINGTON — When the Supreme Court ruled last week that the death penalty for raping a child was unconstitutional, the majority noted that a child rapist could face the ultimate penalty in only six states — not in any of the 30 other states that have the death penalty, and not under the jurisdiction of the federal government either. This inventory of jurisdictions was a central part of the court’s analysis, the foundation for Justice Anthony M. Kennedy’s conclusion in his majority opinion that capital punishment for child rape was contrary to the “evolving standards of decency” by which the court judges how the death penalty is applied. It turns out that Justice Kennedy’s confident assertion about the absence of federal law was wrong.

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July 2, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Not Winning the War on Drugs

According to the White House, this country is scoring big wins in the war on drugs, especially against the cocaine cartels. Officials celebrate that cocaine seizures are up — leading to higher prices on American streets. Cocaine use by teenagers is down, and, officials say, workplace tests suggest adult use is falling. John Walters, the White House drug czar, declared earlier this year that “courageous and effective” counternarcotics efforts in Colombia and Mexico “are disrupting the production and flow of cocaine.”

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July 2, 2008 in Drugs | Permalink | Comments (0) | TrackBack (0)

Florida reinstituted the death penalty: State executes child killer

A4s_execute070208_29260c STARKE — Florida reinstituted the death penalty Tuesday with the execution of a child killer. Unlike a botched execution in 2006 that halted the state's death penalty for more than a year, the execution of Mark Dean Schwab appeared seamless and peaceful. Schwab, 39, made no final statement and stopped moving only two or three minutes after chemicals began flowing into his veins.

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July 2, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

UPR and Arizona CrimProf David Wexler: New Book on Criminal Practice and Therapeutic Jurisprudence

Wexler CrimProf David B. Wexler (SSRN) (Wikipedia) (Homepage) of the Universities of Puerto Rico and Arizona has published a new edited volume Rehabilitating Lawyers: Principles of Therapeutic Jurisprudence for Criminal Law Practice (Carolina Academic Press).

The description:
"This book seeks to bridge the traditional divide between scholarship and practice in the field of law. It introduces the interdisciplinary perspective of therapeutic jurisprudence (TJ) and then, largely through the thoughtful and informative essays of practitioners and clinical law professors, shows how criminal law practice can be enriched — and how clients can benefit — from lawyers looking at their practice with a TJ lens. Lawyers can be positive change agents for many of their clients, and will find that this approach can markedly increase their own professional satisfaction and enhance their professional image."  Flier here More details and ordering information below.

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July 2, 2008 in Book Club | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 1, 2008

Ariz. courts trying alternative juvenile justice

TUCSON - If you had visited the juvenile lockup in Pima County a decade ago - at the height of the adult-time-for-adult-crime campaign - you'd have seen young people sleeping in the cafeteria because of crowding.

If you'd visited five years ago, you'd have seen nearly 200 juveniles held each day.

If you visited a week ago, you would have counted 78.

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July 1, 2008 in Juveniles | Permalink | Comments (0) | TrackBack (0)

Agencies join forces to tackle violent gangs

20080630224511pic494491051_r350x200 Federal law enforcement authorities have coupled multi-agency task forces with strategies that once focused on Mafia-era crime syndicates to target national and international gangs, many of which have brought warfare to the nation's cities.

With a propensity for indiscriminate violence, intimidation and coercion, some of the gangs are considered security threats. One of the largest is Mara Salvatrucha, or MS-13, with an FBI estimate of 10,000 members in 42 states, including Maryland and Virginia, as well as the District.

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July 1, 2008 in Gang Violence | Permalink | Comments (1) | TrackBack (0)

Panel finds California death penalty flawed, urges overhaul

Capital punishment in California is too flawed to be effective and is crippled by an appeals backlog that delays punishment for crimes, a state Senate- appointed panel has concluded.

The California Commission on the Fair Administration of Justice issued an in-depth report on the death penalty Monday, the first official review of the practice since it was reinstated in 1978.

The state's death-penalty system must undergo a multimillion-dollar upgrade – an investment that voters must weigh in on – to lessen the nation's longest time between conviction and execution, the panel said.

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July 1, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Monday, June 30, 2008

Border Drug Wars Plague Cities in Mexico and U.S.

Drug cartels have made Juarez the deadliest city in Mexico. But they also operate just across the border, in El Paso, Texas — one of the safest cities in the U.S. NPR's Jason Beaubien speaks with host Andrea Seabrook about efforts to stop the violence.

June 30, 2008 in Drugs | Permalink | Comments (0) | TrackBack (0)

Local and national outbreak of grave robbing

Grave robbing has become an above-ground affair. Gone are the days when enterprising thieves would dig up an old grave and pillage for gold teeth and rings. Today, it's mostly the bronze markers and flower vases that draw their attention. Rising scrap metal prices, coupled with the lagging economy, have triggered a string of cemetery thefts both locally and across the nation. "I can't think of anything lower," said David Evans, general manager for Valhalla Gardens of Memory in Belleville. "Nothing's worse than stealing from the dead."

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June 30, 2008 in Criminal Law | Permalink | Comments (0) | TrackBack (0)

Gun Laws and Crime: A Complex Relationship

29liptak_1901 Lurking behind the Supreme Court’s ruling last week that the Second Amendment protects an individual right to bear arms were a series of fascinating, disputed and now in many ways irrelevant questions. Do gun control laws reduce crime? Do they save lives? Is it possible they even cost lives? Justice Stephen G. Breyer, one of the dissenters in the 5-to-4 decision, surveyed a quite substantial body of empirical research on whether gun control laws do any good. Then he wrote: “The upshot is a set of studies and counterstudies that, at most, could leave a judge uncertain about the proper policy conclusion.”

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June 30, 2008 in Guns | Permalink | Comments (0) | TrackBack (0)

Will Some Felons Be Permitted To Own Guns After Heller?

N.Y. Sun.com: The Supreme Court's historic decision on the Second Amendment could make millions of felons eligible to own guns.

Under current federal law, the vast majority of felons are prohibited from so much as touching a gun or ammunition, on pain of punishment of up to 10 years in prison.

Some legal experts now say that the constitutionality of that law, known as the "felon in possession" law, was deeply undermined by the Supreme Court's decision Thursday in District of Columbia v. Heller.

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June 30, 2008 in Civil Rights, Criminal Justice Policy, Criminal Law, Law Enforcement | Permalink | Comments (1) | TrackBack (0)

NRA Targets Gun Bans after Heller Decision

NPR.org: Five cities and suburbs are facing lawsuits challenging their bans on handguns. When the U.S. Supreme Court issued its landmark June 26 decision, rejecting Washington, D.C.'s ban on handguns, gun-rights lawyers swung into action.

As a result, the legal landscape for gun laws could face dramatic changes.

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June 30, 2008 in Civil Rights, Criminal Justice Policy, Criminal Law, Law Enforcement | Permalink | Comments (0) | TrackBack (0)

Cops: Grand Theft Auto video game inspired crimes

Teenagers who police say went on a video-game-inspired late-night crime spree were arraigned Thursday after they mugged a man outside a New Hyde Park supermarket and menaced motorists in Garden City with a baseball bat, a crowbar and a broomstick, Nassau police said.

The teens told detectives they were imitating the "Grand Theft Auto" video-game series where characters steal cars, beat up other characters and commit crimes, authorities said.

Police have identified at least three victims: a man they said was severely beaten during a robbery; a would-be carjacking victim; and a driver whose van was smashed with a bat.

Nassau Det. Lt. Raymond Coté said there are likely more victims who were attacked.

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June 30, 2008 in Juveniles | Permalink | Comments (0) | TrackBack (0)

Sunday, June 29, 2008

Mansfield drug case gone wrong: The inside story

In the shadows of boarded-up homes on a hazy October afternoon in 2005, two men pull into a gas station parking lot in a souped-up Buick Roadmaster with tinted windows.

They are there to buy $2,600 of crack cocaine.

Jerrell Bray is driving. The stocky man with unkempt hair is a killer. He spent 13 years in prison for his role in the death of a Cleveland drug dealer. Despite that, guys know him as Mr. Talk-a-lot: He never shuts up.

With Bray is his friend Todd, who is not Todd. He is Lee Lucas, a U.S. Drug Enforcement Administration agent working undercover. Bray is Lucas' informant.

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June 29, 2008 in Drugs | Permalink | Comments (0) | TrackBack (0)