CrimProf Blog

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

Monday, September 24, 2012

Orenstein & Lave on Admission of Prior Sex Crimes

Orenstein avivaAviva Orenstein (pictured) and Tamara Rice Lave (Indiana University Mauer School of Law and University of Miami, School of Law) have posted Empirical Fallacies of Evidence Law: A Critical Look at the Admission of Prior Sex Crimes on SSRN. Here is the abstract:

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on this image of sex crime perpetrators, legislators and judges have ignored the contrary psychological and criminological evidence.

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September 24, 2012 | Permalink | Comments (0)

Perlin on Mental Disability Law and the Death Penalty

Perlin michaelMichael L. Perlin (New York Law School) has posted Mental Disability and the Death Penalty: The Shame of the States (Rowman & Littlefield, 2012) (in Press) Chapter 1: An Introduction and the Dilemma of Factual Innocence on SSRN. Here is the abstract:

There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly underdiscussed in the literature, and I have written this book to explore the relationship between mental illness and the death penalty so as to explain why and how this state of affairs has come to be, why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation.

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September 24, 2012 | Permalink | Comments (0)

Smith on Electronic Surveillance Requests

Stephen W. Smith has posted Standing Up for Mr. Nesbitt (University of San Francisco Law Review, Vol. 47, No. 2, 2012) on SSRN. Here is the abstract:

An essay on the proper role of U.S. magistrate judges in applying the constitution to electronic surveillance requests by law enforcement, particularly during an era of legislative inertia and appellate court reticence. (h/t Monty Python) 

September 24, 2012 | Permalink | Comments (0)

Sunday, September 23, 2012

Top-Ten Recent SSRN Downloads

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

RankDownloadsPaper Title
1 495 Jay-Z’s 99 Problems, Verse 2: A Close Reading with Fourth Amendment Guidance for Cops and Perps 
Caleb E. Mason
Southwestern Law School, 
Date posted to database: August 13, 2012
2 421 Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches and Specialized Community Integration 
Heather CucoloMichael L. Perlin
New York Law School, New York Law School, 
Date posted to database: July 26, 2012 
3 222 Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act 
Stephen J. ChoiKevin E. Davis
New York University (NYU) - School of Law, New York University (NYU) - School of Law, 
Date posted to database: July 24, 2012 [6th last week]
4 188 Foreign Corrupt Practices Act Enforcement as Seen through Wal-Mart's Potential Exposure 
Mike Koehler
Southern Illinois University School of Law, 
Date posted to database: September 13, 2012 [new to top ten]
5 169 A Technology-Centered Approach to Quantitative Privacy 
David C. GrayDanielle Keats Citron
University of Maryland-Francis King Carey School of Law, University of Maryland - Francis King Carey School of Law, 
Date posted to database: August 15, 2012 [7th last week]
6 162 The International Commission of Inquiry on Libya: A Critical Analysis 
Kevin Jon Heller
Melbourne Law School, 
Date posted to database: August 5, 2012 [9th last week]
7 151 Arthur Andersen and the Myth of the Corporate Death Penalty: Corporate Criminal Convictions in the Twenty-First Century 
Gabriel Markoff
Southern District of Texas, 
Date posted to database: August 21, 2012 [new to top ten]
8 149 Illuminating Innumeracy 
Lisa Milot
University of Georgia - School of Law, 
Date posted to database: August 1, 2012 [new to top ten]
9 136 'Becker on Ewald on Foucault on Becker': American Neoliberalism and Michel Foucault's 1979 'Birth of Biopolitics' Lectures 
Gary S. BeckerFrancois EwaldBernard E. Harcourt
University of Chicago - Department of Economics, Conservatoire National des Arts et Métiers, University of Chicago - Department of Political Science, 
Date posted to database: September 5, 2012 [new to top ten]
10 129 The Heart of Mens Rea and the Insanity of Psychopaths 
Craig A. Stern
Regent University School of Law, 
Date posted to database: July 27, 2012 [new to top ten]


September 23, 2012 | Permalink | Comments (0)