Tuesday, February 2, 2010
This article presents findings from an empirical study of judicial orders in one Midwestern federal district court over a twenty-four-month period. The study analyzes trial court decisions to determine whether, as scholars often contend, judges consistently side with the prosecution when a defendant claims that the police lied during the criminal investigation of her case.
While analyzing judges’ receptiveness to police dishonesty arguments, the study also looks at the frequency with which defendants make such arguments, the types of cases in which defendants claim police lies, and the indicators that appear to persuade trial judges that the police have lied. For instance, the study finds that the defense accuses officers of lying in about 7% of formal pleadings and hearings and that when the defense argues police dishonesty, 84% of the time the arguments are made in the context of challenging a search or seizure.
Ultimately the article concludes that trial judges are perpetuating police perjury by failing to denounce police dishonesty with their rulings.
Monday, February 1, 2010
The San Diego Union-Tribune covers today's California Supreme Court opinion here:
The state Supreme Court left the door open Monday to contentions that strict restrictions on where some registered sex offenders can live are unconstitutional, but turned away other legal challenges to a 2006 law that toughened laws against sexual crimes.
The mixed ruling marked the second time in a week that the high court took up questions of how to deal with the state’s sex offenders under Proposition 83, passed by voters in 2006.
The court's opinion is here.
David A. Harris (University of Pittsburgh - School of Law) has posted Book Review: 'Let's Get Free: A Hip-Hop Theory of Justice,' by Paul Butler (The New Press, 2009) (Criminal Justice, Vol. 24, No. 4, Winter 2010) on SSRN. Here is the abstract:
For the first time in a generation, real reform in the criminal justice system seems within reach. Five bills were introduced in Congress in 2009 to address the 100-to-1 sentencing disparity between crack and powder forms of cocaine. The proposed Justice Integrity Act would "address any unwarranted racial and ethnic disparities in the criminal process." Many states are re-examining their strategies of mass incarceration, if for no other reason than the gigantic and growing expenses they must shoulder to lock up so many of their own citizens. Paul Butler's "Let's Get Free: A Hip-Hop Theory of Justice" is the right book for these times: a clear, fresh, straightforward look at all of the most difficult issues we must try to remedy in the criminal justice system. The idea, according to Butler, is not to be tough on crime, but to be smart on crime.
Sunday, January 31, 2010
|1||262||Am I a Price-Fixer? A Behavioral Economics Analysis of Cartels |
Maurice E. Stucke,
University of Tennessee College of Law,
Date posted to database: January 13, 2010 [2nd last week]
|2||237||Self-Defense Targetings of Non-State Actors and Permissibility of U.S. Use of Drones in Pakistan |
Jordan J. Paust,
University of Houston - Law Center,
Date posted to database: December 11, 2009 [1st last week]
|3||190||Fifty State Survey of Adult Sex Offender Registration Laws |
Brenda V. Smith,
American University - Washington College of Law,
Date posted to database: December 3, 2009 [4th last week]
|4||157||How Does International Law Work: What Empirical Research Shows |
Tom Ginsburg, Gregory Shaffer,
University of Chicago Law School, University of Minnesota - Twin Cities - School of Law,
Date posted to database: December 19, 2009 [new to top ten]
|5||111||Unintended Collateral Consequences: Defining Felony in the Early American Republic |
University of Baltimore - School of Law,
Date posted to database: December 4, 2009 [6th last week]
|6||108||Habeas Corpus for the Twenty-First Century, Chapter One |
Nancy J. King, Joseph L. Hoffmann,
Vanderbilt University School of Law, Indiana University-Bloomington, Maurer School of Law,
Date posted to database: December 4, 2009 [7th last week]
|7||101||Vagueness Challenges to the Computer Fraud and Abuse Act |
Orin S. Kerr,
George Washington University - Law School,
Date posted to database: December 23, 2009 [new to top ten]
|8||100||Why the Prior Conviction Sentencing Enhancements in Illegal Re-Entry Cases are Unjust and Unjustified (and Unreasonable Too) |
Author - affiliation not provided to SSRN,
Date posted to database: December 1, 2009
|9||95||Criminalization and Regulation |
University of Warwick - School of Law,
Date posted to database: December 14, 2009 [new to top ten]
|10||86||Secret Evidence and the Due Process of Terrorist Detentions |
Daphne Barak-Erez, Matthew C. Waxman,
Tel Aviv University - Buchmann Faculty of Law, Columbia Law School,
Date posted to database: November 24, 2009