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

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Sunday, August 21, 2011

Kaye on DNA Database Trawls

Kaye david David H. Kaye (The Pennsylvania State University) has posted DNA Database Trawls and the Definition of a Search in Boroian v. Miller (Virginia Law Review, Vol. 97, pp. 41-49, 2011) on SSRN. Here is the abstract:

As a general matter, once the government acquires information from a permissible search or seizure, it can use this information in later criminal investigations. Courts have applied this simple rule to uphold the indefinite reuse of DNA samples acquired from convicted offenders. This essay describes the First Circuit Court of Appeals’ reliance on the rule in rejecting a convicted offender’s claim that his DNA sample and profile had to be removed from the federal DNA databank after he completed his sentence. Acknowledging that the rule permitting reuse should not be applied mechanically, I argue that the rule's application to DNA databases is correct because merely retrawling a database for matches to a crime-scene sample does not implicate any cognizable Fourth Amendment interest.

August 21, 2011 | Permalink | Comments (0)

Top-Ten Recent SSRN Downloads

Ssrn logo in criminal law and procedure ejournals are here. The usual disclaimers apply.

Rank Downloads Paper Title
1 406 Who’s Better at Defending Criminals? Does Type of Defense Attorney Matter in Terms of Producing Favorable Case Outcomes
Thomas H. Cohen,
U.S. Bureau of Justice Statistics,
Date posted to database: July 1, 2011
2 298 Tough on Crime (on the State's Dime): How Violent Crime Does Not Drive California Counties' Incarceration Rates - And Why it Should
W. David Ball,
Santa Clara School of Law,
Date posted to database: June 28, 2011
3 240 Radical Thought from Marx, Nietzsche, and Freud, Through Foucault, to the Present: Comments on Steven Lukes’ ‘In Defense of False Consciousness’
Bernard E. Harcourt,
University of Chicago - Law School,
Date posted to database: June 19, 2011
4 219 Re-Thinking Illegal Entry and Re-Entry
Doug Keller,
Georgetown University Law Center ,
Date posted to database: July 14, 2011
5 171 The Causes of Growth in Prison Admissions and Populations
John F. Pfaff,
Fordham University - School of Law,
Date posted to database: July 15, 2011
6 170 What is Securities Fraud?
Samuel W. Buell,
Duke University School of Law,
Date posted to database: June 27, 2011
7 159 Mass Exoneration Data and the Causes of Wrongful Convictions
Russell D. Covey,
Georgia State University College of Law,
Date posted to database: July 8, 2011
8 131 Rawls' Concept of Reflective Equilibrium and its Original Function in 'A Theory of Justice'
John Mikhail,
Georgetown University - Law Center,
Date posted to database: July 21, 2011
9 129 Solicitation, Extortion, and the FCPA
Joseph W. Yockey,
University of Iowa College of Law,
Date posted to database: July 28, 2011 [new to top ten]
10 122 Last Chance on Death Row
William Baude,
Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP,
Date posted to database: July 11, 2011 [9th last week]

August 21, 2011 | Permalink | Comments (0)