CrimProf Blog

Dempsey, Hoyle & Bosworth on Sex Trafficking

Michelle Madden Dempsey , Carolyn Hoyle and Mary Bosworth (Villanova University School of Law , University of Oxford - Centre for Criminological Research and University of Oxford - Faculty of Law) have posted Defining Sex Trafficking in International and Domestic Law: Mind the Gaps (Emory International Law Review, Vol. 26, No. 1, 2012) on SSRN. Here is the abstract:

This Article undertakes a comparative analysis of the UN definition of trafficking (Art 3, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) and definitions of trafficking enacted in the domestic law of many state parties to the Protocol. The article identifies significant discrepancies between international and domestic definitions of trafficking and considers possible explanations for the gaps between the international and domestic law definitions.

Parilo on Miranda and Prisoners

Michelle Parilo has posted Protecting Prisoners During Custodial Interrogations: The Road Forward After Howes v. Fields (Boston College Journal of Law & Social Justice, Vol. 33, No. 1, p. 217, 2013) on SSRN. Here is the abstract:

In 1966, in Miranda v. Arizona, the U.S. Supreme Court sought to mitigate the inherently coercive atmosphere of custodial interrogations to protect victims from involuntary self-incrimination. In analyzing custody for Miranda purposes, courts look at whether a reasonable person would feel that his freedom of movement had been restricted. When conducting this analysis for a prisoner questioned during incarceration, courts should thoroughly consider the negative psychological effects of prisons in order to understand the prisoner’s mindset. The Court had the opportunity to do so in Howes v. Fields, but it instead minimized the coercive effects of prisons. Moreover, the Court’s finding that the prisoner in Howes was not in Miranda custody is inconsistent with its past holdings. This Note argues that, in the future, courts should consider with greater nuance the negative effects of prisons in order to protect prisoners from making involun- tary confessions.

Cassell, Marsh & Christiansen on Restitution for Child Pornography Victims

Paul G. Cassell , James Marsh and Jeremy M. Christiansen (University of Utah - S.J. Quinney College of Law , Marsh Law Firm PLLC and University of Utah - S.J. Quinney College of Law) have posted The Case for Full Restitution for Child Pornography Victims (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract:

This Article explores the issues of restitution to the victims of child pornography and other federal sex offenses in depth and contends that Congress meant what it said in Section 2259 — specifically that child pornography victims must receive an award for the “full amount” of their losses from any defendant convicted of harming them. This approach is consistent not only with the plain language of the statute but the well-established tort principle that any intentional wrongdoer is jointly and severally liable with other wrongdoers for an innocent victim’s losses. Requiring defendants to pay for the full amount of the losses that they have caused will address the significant financial losses suffered by child pornography victims.

Top-Ten Recent SSRN Downloads

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

Rank	Downloads	Paper Title
1	4459	The Dangers of Surveillance  Neil M. Richards,  Washington University in Saint Louis - School of Law,  Date posted to database: March 25, 2013
2	582	Foreword: Accounting for Technological Change  Orin S. Kerr,  George Washington University - Law School,  Date posted to database: March 17, 2013
3	389	Knives and the Second Amendment  David B. Kopel, Clayton E. Cramer,Joseph Olson,  Independence Institute, College of Western Idaho, Hamline University - School of Law,  Date posted to database: March 24, 2013
4	317	Lanny Breuer and Foreign Corrupt Practices Act Enforcement  Mike Koehler,  Southern Illinois University School of Law,  Date posted to database: March 24, 2013
5	283	Background Checks and Murder Rates  Clayton E. Cramer,  College of Western Idaho,  Date posted to database: April 12, 2013
6	233	Self-Defensive Force Against Cyber Attacks: Legal, Strategic and Political Dimensions  Matthew C. Waxman,  Columbia Law School,  Date posted to database: March 21, 2013
7	213	Overcharging  Kyle Graham,  Santa Clara University School of Law,  Date posted to database: March 3, 2013  Last Revised: March 19, 2013
8	184	Policing the Firm  D. Daniel Sokol,  University of Florida - Levin College of Law,  Date posted to database: March 9, 2013
9	181	Antitrust Corporate Governance and Compliance  Rosa M. Abrantes-Metz, D. Daniel Sokol,  Global Economics Group, LLC, University of Florida - Levin College of Law,  Date posted to database: April 10, 2013
10	165	Lafler and Frye: A New Constitutional Standard for Negotiation  Rishi Batra,  Texas Tech University School of Law,  Date posted to database: March 21, 2013