CrimProf Blog

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

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Tuesday, May 28, 2013

Opinion permitting actual innocence to excuse expiration of AEDPA's statute of limitations

Justice Ginsburg delivered the opinion of the Court. Justice Scalia filed a dissenting opinion, joined by Chief Justice Roberts and Justice Thomas and joined in part by Justice Alito.

May 28, 2013 | Permalink | Comments (0)

Opinion applying Martinez v. Ryan to system where "virtually impossible" to raise ineffectiveness claim on direct review

Justice Breyer delivered the opinion of the Court in Trevino v. Thaler. Chief Justice Roberts filed a dissenting opinion in which Justice Alito joined, and Justice Scalia filed a dissenting opinion in which Justice Thomas joined. 

May 28, 2013 | Permalink | Comments (0)

Monday, May 27, 2013

Anwar, Bayer & Hjalmarsson on the Role of Age in Jury Selection and Trial Outcomes

Shamena Anwar Patrick J. Bayer and Randi Hjalmarsson (Carnegie Mellon University - H. John Heinz III School of Public Policy and Management , Duke University - Department of Economics and Queen Mary, University of London) have posted The Role of Age in Jury Selection and Trial Outcomes on SSRN. Here is the abstract:

This paper uses data from 700 felony trials in Sarasota and Lake Counties in Florida from 2000-2010 to examine the role of age in jury selection and trial outcomes. The results imply that prosecutors are more likely to use their peremptory challenges to exclude younger members of the jury pool, while defense attorneys exclude older potential jurors. To examine the causal impact of age on trial outcomes, the paper employs a research design that isolates the effect of the random variation in the age composition of the pool of eligible jurors called for jury duty. Consistent with the jury selection patterns, the empirical evidence implies that older jurors are significantly more likely to convict. Results are robust to the inclusion of broad set of controls including county, time, and judge fixed effects. These findings imply that many cases are decided differently for reasons that are completely independent of the true nature of the evidence in the case – i.e., that there is substantial randomness in the application of criminal justice.

May 27, 2013 | Permalink | Comments (0)

Sunday, May 26, 2013

Lynch on Sociolegal Research on California's Realignment Policy

Mona Lynch (University of California, Irvine - Department of Criminology, Law and Society) has posted Realigning Research: A Proposed (Partial) Agenda for Sociolegal Scholars (Federal Sentencing Reporter, Vol. 25, No. 4, 2013) on SSRN. Here is the abstract:

In light of the potential paradigm-shifting nature of AB 109, California’s Realignment policy, which was instituted in the wake of Brown v. Plata, this article delineates several key research trajectories that might be pursued in order to understand its sociolegal impacts on the county criminal justice systems responsible for implementation. It outlines the major trajectories of scholarship that have already emerged or that are likely to emerge concerning the development, passage, and implementation of Realignment. It then focuses in on the potential for robust sociolegal scholarship on its transformation from policy to practice, making the case for two areas of research that should be pursued: transformations of local courts under Realignment, and the role of local jails as increasingly important places of punishment.

May 26, 2013 | Permalink | Comments (0)

Klein on Monitoring the Plea Process

Klein susanSusan R. Klein (University of Texas School of Law) has posted Monitoring the Plea Process (Duquesne University Law Review, 2013, Forthcoming) on SSRN. Here is the abstract:

Gideon versus Wainwright heralded a new age in American criminal prosecutions. Indigent blacks in the South would have the same opportunity to fight felony criminal charges and receive the same sentencing discounts of favorable guilty pleas as rich white northerners, and the innocent would be accurately separated by adversarial testing from the guilty. Yet fifty years later, indigent defendants, (who comprise 80% of total defendants), often get substandard counsel, and innocent individuals are rarely, but sometimes convicted or plead guilty. Some of the blame falls squarely on the Court for settling on the contours of our current two-pronged test in Strickland versus Washington, that determines when counsel is ineffective and the defendant is accordingly prejudiced. Some blame falls on legislators for failing to adequately fund defense counsel. Our criminal justice evolved from an adversarial system to what Judge Lynch calls, "a defacto administrative regime". The criminal justice system is the plea bargaining system.

Continue reading

May 26, 2013 | Permalink | Comments (0)

Top-Ten Recent SSRN Downloads

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

RankDownloadsPaper Title
1 4617 The Dangers of Surveillance 
Neil M. Richards
Washington University in Saint Louis - School of Law, 
Date posted to database: March 25, 2013 
2 400 Knives and the Second Amendment 
David B. KopelJoseph OlsonClayton E. Cramer
Independence Institute, College of Western Idaho, Hamline University - School of Law, 
Date posted to database: March 24, 2013 [3rd last week]
3 364 Background Checks and Murder Rates 
Clayton E. Cramer
College of Western Idaho, 
Date posted to database: April 12, 2013 [5th last week]
4 331 Lanny Breuer and Foreign Corrupt Practices Act Enforcement 
Mike Koehler
Southern Illinois University School of Law, 
Date posted to database: March 24, 2013 
5 256 Self-Defensive Force Against Cyber Attacks: Legal, Strategic and Political Dimensions 
Matthew C. Waxman
Columbia Law School, 
Date posted to database: March 21, 2013 [8th last week]
6 208 Antitrust Corporate Governance and Compliance 
Rosa M. Abrantes-MetzD. Daniel Sokol
Global Economics Group, LLC, University of Florida - Levin College of Law, 
Date posted to database: April 10, 2013 [7th last week]
7 187 Discovery and Darkness: The Information Deficit in Criminal Disputes 
Ion Meyn
University of Wisconsin Law School, 
Date posted to database: May 9, 2013 [new to top ten]
8 175 Lafler and Frye: A New Constitutional Standard for Negotiation 
Rishi Batra
Texas Tech University School of Law, 
Date posted to database: March 21, 2013 
9 165 Federal Public Defense in an Age of Inquisition 
David Patton
Federal Defenders of New York, 
Date posted to database: May 2, 2013
10 148 Gideon Skepticism 
Alexandra Natapoff
Loyola Law School Los Angeles, 
Date posted to database: March 23, 2013 

 

May 26, 2013 | Permalink | Comments (0)