Monday, July 8, 2013
Allison L. Cross (University of the Pacific - McGeorge School of Law) has posted Slipping Through the Cracks: The Dual Victimization of Human-Trafficking Survivors (McGeorge Law Review, Vol. 44, Issue 2, p. 395, 2013) on SSRN. Here is the abstract:
This article examines how jurisdictions respond when human trafficking victims are charged and criminally prosecuted for crimes committed as a result of a then-present trafficking situation. Characterizing such a situation as a "dual victimization," this article argues that all jurisdictions should provide some form of relief to such individuals; ideally, every jurisdiction should provide an affirmative defense an individual may raise during a criminal trial and a vacation of judgment for prior convictions. Furthermore, to prevent dual victimization, jurisdictions should mandate human trafficking training for their law enforcement officers in order that officers in the field would be more able to recognize a victim of human trafficking as a victim and render aid and support.
"14 days video surveillance of defendant’s back yard by a pole camera unreasonable, but [good-faith exception] applies"
FourthAmendment.com excerpts this interesting case from the Eastern District of Tennessee. In part:
Although the precise length of reasonable warrantless video surveillance has not been established, the Sixth Circuit in Anderson-Bagshaw has suggested that three weeks is too long. No. 12-3074, 2012 WL 6600331, at *7 (observing that "few people ... would expect that the government can constantly film their backyard for over three weeks" without a search warrant); see also Jones, 132 S.Ct. at 964 (Alito, J., concurring in jmt) (observing that the Court "need not identify with precision the point at which the tracking of this vehicle became a search, for the line was surely crossed before the 4-week mark"). Additionally, the Court has no information that the agents attempted to limit the intrusiveness of the video surveillance, other than limiting monitoring of the camera primarily to "daylight hours." [Doc. 15, Doc. 17, Exh. 4, p.11, ¶14] For example, neither the testimony at the hearings nor Agent Dobbs' affidavits state that the agents stopped monitoring the camera when others besides the Defendant and his brother Rocky Houston were at the property.
Tali Gal and David B. Wexler (School of Criminology, University of Haifa and University of Puerto Rico - School of Law) have posted Synergizing Therapeutic Jurisprudence and Positive Criminology on SSRN. Here is the abstract:
Therapeutic jurisprudence (TJ) is an interdisciplinary approach to the law that examines the therapeutic and anti-therapeutic consequences of legal rules, procedures, and the roles of legal actors. While TJ work covers the full legal spectrum, its work in criminal law is vast, and seems highly consistent with positive criminology (PC), a new perspective encompassing diverse models and theories in criminology that identify positive factors that may help in the rehabilitation of offenders.
We provide a brief overview of TJ and examine its convergence with PC.
Sarah N. Welling (University of Kentucky College of Law) has posted Reviving the Federal Crime of Gratuities (Arizona Law Review, Vol. 55, No. 2, 2013) on SSRN. Here is the abstract:
The federal crime of gratuities prohibits people from giving gifts to federal public officials if the gift is tied to an official act. Both the donor and the donee are liable. The gratuities crime is dysfunctional in two main ways. It is overinclusive in that it covers conduct indistinguishable from bribery. It is underinclusive in that it does not cover conduct that is clearly dangerous: gifts to public officials because of their positions that are not tied to a particular official act.
This Article argues that Congress should extend the crime of gratuities to cover gifts because of an official’s position rather than leaving the crime to cover only gifts because of particular official acts.
The most recent issue of this welcome addition to the crowded world of legal publishing is available online here. It includes a symposium on the exclusionary rule edited by Christopher Slobogin and a commentary symposium on criminal law pedagogy edited by Ellen Podgor. Congrats to all on a fine issue to conclude a fine decade.
Sunday, July 7, 2013
The Obama administration on Friday urged a secret U.S. court that oversees surveillance programs to reject a request by a civil liberties group to see court opinions used to underpin a massive phone records database.
Justice Department lawyers said in papers filed in the U.S. Foreign Intelligence Surveillance Court that the court's opinions are a unique exception to the wide access the public typically has to court records in the United States.
He surprised both the prosecutor and defense when he changed his opinion on two matters.
. . .
Bao also changed his opinion about whether the level of marijuana in Martin's system could have affected his physical or mental condition. Previously he said it would not. Now he says the level of marijuana could have impaired Martin, but he can't say for sure. He changed his opinion on this within the last 60 days.
For the first time, encryption is thwarting government surveillance efforts through court-approved wiretaps, U.S. officials said today.
The disclosure, buried in a report by the U.S. agency that oversees federal courts, also showed that authorities armed with wiretap orders are encountering more encryption than before.
The revelation comes as encryption has come front and center in the wake of the NSA Spygate scandal, and as Americans consider looking for effective ways to scramble their communications from the government’s prying eyes.
|1||435||Safeguarding the Commander's Authority to Review the Findings of a Court-Martial
Andrew S. Williams,
Brigham Young University,
Date posted to database: June 9, 2013
|2||241||Discovery and Darkness: The Information Deficit in Criminal Disputes
University of Wisconsin Law School,
Date posted to database: May 9, 2013
|3||204||Experiments in International Criminal Justice: Lessons from the Khmer Rouge Tribunal
John D. Ciorciari, Anne Heindel,
University of Michigan - Gerald R. Ford School of Public Policy, Documentation Center of Cambodia,
Date posted to database: May 26, 2013
|4||191||Federal Public Defense in an Age of Inquisition
Federal Defenders of New York,
Date posted to database: May 2, 2013
|5||171||Crime in Cyberspace: Offenders and the Role of Organized Crime Groups
Peter Grabosky, Roderic Broadhurst,Brigitte Bouhours, Mamoun Alazab,Steve Chon, Chen Da,
Australian National University (ANU), Australian National University (ANU) - Research School of Social Sciences (RSSS), Australian National University, Australian National University (ANU), Australian National University Cybercrime Observatory (ANU) - Regulatory Institutions Network (RegNet) , Australian National University (ANU) - School of Regulation, Justice and Diplomacy,
Date posted to database: February 4, 2013
|6||139||Judicial Gatekeeping of Suspect Evidence: Due Process and Evidentiary Rules in the Age of Innocence
Keith A. Findley,
University of Wisconsin Law School,
Date posted to database: June 4, 2013
|7||129||Implicit Racial Bias in Public Defender Triage
L. Song Richardson, Phillip Atiba Goff,
University of Iowa - College of Law, UCLA Department of Psychology,
Date posted to database: May 3, 2013
|8||115||The Impact of Neuroimages in the Sentencing Phase of Capital Trials
Michael J. Saks, N. J. Schweitzer, Eyal Aharoni, Kent Kiehl,
Arizona State University (ASU) - Sandra Day O'Connor College of Law, Arizona State University, University of California, Santa Barbara - Department of Psychology, University of New Mexico,
Date posted to database: June 6, 2013
|9||102||Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Frye
Nancy J. King,
Vanderbilt University - Law School,
Date posted to database: May 3, 2013
|10||94||The Right to Counsel for Indians Accused of Crime: A Tribal and Congressional Imperative
University of New Mexico School of Law,
Date posted to database: May 17, 2013