CrimProf Blog

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

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Monday, October 17, 2011

"En Banc Ninth Circuit on When Using a Taser to Subdue A Suspect Counts as “Excessive Force” Under the Fourth Amendment"

Orin Kerr has a useful summary of the case at The Volokh Conspiracy. He finds it to be "a plausible candidate for Supreme Court review."

October 17, 2011 | Permalink | Comments (0)

"When Fairness and the Law Collide, One Jurist Is Troubled"

Adam Liptak's take on Justice Alito's approach, with particular reference to some criminal cases, in the New York Times. In part:

WASHINGTON — Justice Samuel A. Alito Jr. gets frustrated.

He is alert to injustice, and he is a careful legal craftsman — and sometimes those two qualities collide. About once a term, he muses about the conflict from the bench.

October 17, 2011 | Permalink | Comments (0)

"France court orders block on 'copwatch' website"

From Jurist:

The Tribunal de Grande Instance de Paris [official website, in French] on Friday ordered [judgment in PDF, in French] French Internet service providers to block access to Copwatch Nord Paris I-D-F, a website designed to allow civilians to post videos of alleged police misconduct. The decision was applauded by the police union, Alliance Police Nationale (APN) [union website, in French], which argued that the website incited violence against police.

. . .

In August, the US Court of Appeals for the First Circuit [official website] ruled that there is a clearly-established First Amendment right [JURIST report] to film police officers performing their duties in a public space.

October 17, 2011 | Permalink | Comments (0)

Harlow on Corporate Criminal Liability for Homicide

James Harlow has posted Corporate Criminal Liability for Homicide: A Statutory Framework (Duke Law Journal, Vol. 61, No. 1, p. 123, 2011) on SSRN. Here is the abstract:

Since the nineteenth century, judges, legislators, prosecutors, and academics have grappled with how best to accommodate within the criminal law corporations whose conduct causes the death of others. The result of this debate was a gradual legal evolution towards acceptance of corporate criminal liability for homicide. But, as this Note argues, the underlying legal framework for such liability is ill fitting and largely ineffective. Given the public benefit that would accrue from a clearly defined and potent liability scheme, this Note proposes a model criminal statute that would hold corporations directly liable for homicide. The proposed statute draws upon basic precepts of corporate criminal liability, as well as legislative developments in the United Kingdom and the insights of organizational theory. Ultimately, this Note argues that a statutory scheme would allow prosecutions of corporations for homicide to proceed more accurately, effectively, and fairly.

October 17, 2011 | Permalink | Comments (0)

Stevenson on Judicial Deference to Legislatures on Statutory Definitions of Voluntary Consent to Police Searches

Stevenson, Drury D. - South Texas College of Law Drury D. Stevenson (South Texas College of Law) has posted Judicial Deference to Legislatures in Constitutional Analysis (North Carolina Law Review, Vol. 90, 2012) on SSRN. Here is the abstract:

North Carolina is one of the only states to have a statutory definition of voluntary consent for police searches; it essentially codified the Supreme Court’s “Bustamonte” rule. In theory, this statute could eventually face a constitutional challenge if the Supreme Court adopted a requirement of informed consent – police warnings of the right to refuse a search – as many have urged. Considering this possibility as a hypothetical, it seems strange that conventional Fourth Amendment analysis has largely ignored whether challenged state actions are legislative, executive, or judicial; attention has focused instead on federalism concerns, interpretive approaches, and tradeoffs between public safety and individual privacy. Nevertheless, there are both policy reasons and anecdotal evidence suggesting that the Supreme Court should, and in fact occasionally does, defer to legislatures in certain matters of criminal procedure, even when it would not defer to identical decisions by police.

Continue reading

October 17, 2011 | Permalink | Comments (0)

Sunday, October 16, 2011

Top-Ten Recent SSRN Downloads

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

Rank Downloads Paper Title
1 588 Self-Defense
Larry Alexander,
University of San Diego School of Law,
Date posted to database: September 8, 2011
2 343 Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining and Overcriminalization
Lucian E. Dervan,
Southern Illinois University School of Law,
Date posted to database: August 24, 2011
3 231 The Child Pornography Crusade and its Net Widening Effect
Melissa Hamilton,
University of South Carolina - School of Law,
Date posted to database: August 24, 2011 [4th last week]
4 228 Tangled Up in Law: The Jurisprudence of Bob Dylan
Michael L. Perlin,
New York Law School,
Date posted to database: September 1, 2011 [3rd last week]
5 205 The Execution of Cameron Todd Willingham: Junk Science, an Innocent Man, and the Politics of Death
Paul C. Giannelli,
Case Western Reserve University School of Law,
Date posted to database: August 26, 2011
6 198 Moral Grammar and Human Rights: Some Reflections on Cognitive Science and Enlightenment Rationalism
John Mikhail,
Georgetown University - Law Center,
Date posted to database: September 9, 2011 [10th last week]
7 182 Fourth Amendment Remedies and Development of the Law: A Comment on Camreta v. Greene and Davis v. United States
Orin S. Kerr,
George Washington University - Law School,
Date posted to database: August 29, 2011 [6th last week]
8 173 Changing Law’s Mind: How Neuroscience Can Help Us Punish Criminals More Fairly and Effectively
Deborah W. Denno,
Fordham University School of Law,
Date posted to database: August 15, 2011 [7th last week]
9 171 The Evolution of Unconstitutionality in Sex Offender Registration Laws
Catherine L. Carpenter,
Southwestern Law School,
Date posted to database: August 25, 2011 [8th last week]
10 161 The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences
Jessica Tillipman,
The George Washington University Law School,
Date posted to database: September 8, 2011 [9th last week]

October 16, 2011 | Permalink | Comments (0)