October 11, 2010
Against juvenile facilities
From an editorial in the New York Times:
New York State will spend an extraordinary $170 million this year on 21 juvenile facilities. The system has more than 2,000 employees to oversee fewer than 700 children.
. . .
New York should close down as many of these facilities as possible, preserving only the few it needs to hold genuinely dangerous young offenders. Low-risk youths — those found guilty of crimes like shoplifting, trespassing and petty theft — should be sent to community-based programs that do a much better job of rehabilitation and are far less expensive to manage. These treatment programs can cost as little as $15,000 a year, compared with the estimated $220,000 to house a child in a state facility.
. . .
Decades of research show that keeping young offenders locked up far from their families is a sure way of turning them into career criminals.
"Canada high court rules no right to counsel during interrogation"
The story is at Jurist:
The court held that § 10(b) of the Charter of Rights and Freedoms [text], which states that those under arrest have the right "to retain and instruct counsel without delay and to be informed of that right," is typically satisfied once the suspect is advised of the right and, if invoked, permitted "reasonable opportunity to consult counsel." The court went on to to say, however, that the charter does not extend so far as to necessitate counsel's presence for the duration of the interview.
The opinion is here.
Diluted valor and mistaken good opinions as criminal harms
This A.P. story from the Washington Post raises the issue, though the focus is on the First Amendment:
DENVER -- The Justice Department is battling to save a federal law that makes it illegal to lie about being a war hero, appealing two court rulings that the statute is an unconstitutional muzzle on free speech.
The fight could be carried all the way to the U.S. Supreme Court, where it would face an uncertain fate, legal analysts said.
. . .
The Stolen Valor Act makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal, whether or not an impostor seeks financial gain.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco and a federal district court in Denver have both ruled the law is unconstitutional on First Amendment grounds.
Products liability blog interviews crimprof Mark Osler
You can find the post at Abnormal Use, focusing on what civil litigators should know about the cirminal process.
October 10, 2010
Top-Ten Recent SSRN Downloads
|1||208||Palestine and the International Criminal Court: Asking the Right Question
Michael G. Kearney,
London School of Economics & Political Science (LSE) - Department of Law,
Date posted to database: July 3, 2010
|2||181||The Diplomacy of Universal Jurisdiction: The Regulating Role of the Political Branches in the Transnational Prosecution of International Crimes
University of California, Los Angeles (UCLA) - School of Law,
Date posted to database: August 19, 2010
|3||171||Cracked Mirror: SB1070 and Other State Regulation of Immigration through Criminal Law
Gabriel J. Chin, Marc L. Miller,
University of Arizona James E. Rogers College of Law, University of Arizona - James E. Rogers College of Law,
Date posted to database: July 26, 2010
|4||162||An e-SOS for Cyberspace
Duncan B. Hollis,
Temple University - James E. Beasley School of Law,
Date posted to database: September 3, 2010 [5th last week]
|5||159||Selected Salient Evidentiary Issues in Employment Discrimination Cases
University of Baltimore School of Law,
Date posted to database: July 12, 2010 [4th last week]
|6||153||Statistical Knowledge Deconstructed
Kenneth W. Simons,
Boston University - School of Law,
Date posted to database: September 7, 2010
|7||152||Fourth Amendment Pragmatism
Daniel J. Solove,
George Washington University Law School,
Date posted to database: August 27, 2010
|8||123||Rethinking Proportionality Under the Cruel and Unusual Punishments Clause
John F. Stinneford,
University of Florida Levin College of Law,
Date posted to database: August 20, 2010 [9th last week]
|9||120||Some Reflections on Ethics and Plea Bargaining: An Essay in Honor of Fred Zacharias
Boston College Law School,
Date posted to database: August 9, 2010 [8th last week]
|10||118||What Might Retributive Justice Be?
Florida State University College of Law,
Date posted to database: September 4, 2010