CrimProf Blog

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

A Member of the Law Professor Blogs Network

Monday, March 5, 2012

Kreiner on Retroactive Reductions in the Crack Cocaine Guidelines

Evan Kreiner has posted Whose Applicable Guideline Range is it Anyway? Can Nominal Career Offenders Receive Sentence Reductions Based on Retroactive Reductions in the Crack Cocaine Guidelines? (Columbia Law Review, Forthcoming) on SSRN.  Here is the abstract: 

One of the overarching goals of federal sentencing policy is uniformity. This means that defendants with similar criminal histories who are found guilty of similar criminal conduct get similar punishments. This aim is reflected in the federal Sentencing Guidelines (“Guidelines”) and 18 U.S.C. § 3582(c)(2). Section 3582(c)(2) gives courts the authority to lower a prisoner’s sentence if, after sentencing, the guideline sentencing range for his crime is reduced and the Sentencing Commission grants courts the authority to retroactively lower the sentences of defendants sentenced before the reduction in the guideline range. An infrequently-used provision previously, § 3582(c)(2) has received quite a workout since the Commission lowered the guideline range for crack cocaine offenses in 2007 and gave this reduction retroactive effect in 2008. On November 1, 2011, the Commission effectively guaranteed another deluge of § 3582(c)(2) motions by granting retroactive effect to another reduction of the crack cocaine guideline range. 

Continue reading

March 5, 2012 | Permalink | Comments (0)

Yankah on Kant's Legal and Political Philosophy

Ekow N. Yankah (Yeshiva University - Benjamin N. Cardozo School of Law)

Ekow N. Yankah (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Crime, Freedom and Civic Bonds: Arthur Ripstein’s Force and Freedom: Kant’s Legal and Political Philosophy (Criminal Law and Philosophy, Forthcoming) on SSRN.  Here is the abstract: 

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. 

Continue reading

March 5, 2012 | Permalink | Comments (0)

Morrison on Facebook and the Fifth Amendment

Caren Myers Morrison (Georgia State University - College of Law)

Caren Myers Morrison (Georgia State University - College of Law) has posted Passwords, Profiles, and the Privilege Against Self-Incrimination: Facebook and the Fifth Amendment (Arkansas Law Review, Forthcoming) on SSRN.  Here is the abstract: 

While Facebook has become ubiquitous in most people’s lives, it is also making increasingly frequent appearances in criminal cases. In the past few years, Facebook has emerged as a fertile source of incriminating information from boastful or careless defendants who find in Facebook a great way to project their outlaw persona to the world.

But does the Fifth Amendment privilege against self-incrimination shield someone who has posted incriminating information on his Facebook page from being forced to disclose his password or provide access to his profile?

Continue reading

March 5, 2012 | Permalink | Comments (0)

Unanimous Court reverses Ninth Circuit in death penalty counsel substitution case

Justice Kagan delivered the opinion for the Court in Martel v. Clair.

March 5, 2012 | Permalink | Comments (0)

Top-Ten Recent SSRN Downloads

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

Rank Downloads Paper Title
1 920 Law Deans in Jail
Morgan Cloud, George B. Shepherd,
Emory University School of Law, Emory University School of Law,
Date posted to database: January 25, 2012 [new to top ten]
2 419 Racial Disparity in Federal Criminal Charging and Its Sentencing Consequences
M. Marit Rehavi, Sonja B. Starr,
University of British Columbia, University of Michigan Law School,
Date posted to database: January 16, 2012  [4th last week]
3 398 The Effect of Graduated Response Anti-Piracy Laws on Music Sales: Evidence from an Event Study in France
Brett Danaher, Michael D. Smith, Rahul Telang, Siwen Chen,
Wellesley College - Department of Economics, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management , Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Unaffiliated Authors - affiliation not provided to SSRN,
Date posted to database: January 22, 2012 [2nd last week]
4 389 Big Law's Sixth Amendment: The Rise of Corporate White-Collar Practices in Large U.S. Law Firms
Charles D. Weisselberg, Su Li,
University of California, Berkeley - School of Law, University of California, Berkeley- School of Law, Center for the Study of Law and Society,
Date posted to database: January 11, 2012 [1st last week]
5 372 How Law Protects Dignity
Jeremy Waldron,
New York University (NYU) - School of Law,
Date posted to database: December 17, 2011 [3rd last week]
6 214 Thoughts on the Corporation as a Person for Purposes of Corporate Criminal Liability
Joan MacLeod Heminway,
University of Tennessee College of Law,
Date posted to database: January 31, 2012
7 202 Smooth and Bumpy Laws
Adam J. Kolber,
NYU School of Law,
Date posted to database: January 27, 2012
8 201 The Law and Economics of Fluctuating Criminal Tendencies
Murat C. Mungan,
Florida State University - College of Law,
Date posted to database: January 19, 2012
9 167 False Justice and the 'True' Prosecutor: A Memoir, Tribute, and Commentary
Mark Godsey,
University of Cincinnati College of Law,
Date posted to database: January 12, 2012
10 254 Revisiting a Foreign Corrupt Practices Act Compliance Defense
Mike Koehler,
Butler University College of Business,
Date posted to database: January 11, 2012 [5th last week]

March 5, 2012 | Permalink | Comments (0)