Friday, January 22, 2021
Rosenthal on The Law and Economics of De-Policing
It is a devilishly difficult business to ascertain the causes of changes in crime rates. Even granting the ineradicable uncertainties, this article argues that there is an impressive case that the 2020 crime spike reflects de-policing. This paper first examines the data reflecting what Professor Cassell dubs a "Minneapolis Effect" because it followed the police killing of George Floyd in Minneapolis, and then considers the likely mechanism that produces this type of de-policing effect.
January 22, 2021 | Permalink | Comments (0)
Thursday, January 21, 2021
Robbins on Sham Subpoenas and Prosecutorial Ethics
Unlike law enforcement officials who may use deceptive tactics throughout an investigation, prosecutors are subject to professional rules of responsibility. All lawyers are subject to some variation of Rule 4.2 of the Model Rules of Professional Responsibility--the No-Contact Rule--which prohibits a lawyer from communicating with a represented individual. Prosecutors, however, have escaped the Rule’s reach by communicating with represented individuals through the use of undercover informants.
Moreover, some prosecutors have abused the grand jury process by creating sham subpoena documents that have targeted witnesses and victims of crime.
January 21, 2021 | Permalink | Comments (0)
Bell on Nosy Questions by Police
January 21, 2021 | Permalink | Comments (0)
Morse on Internal and External Challenges to Culpability
The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal challenges to the importance of mental states in the context of mental abnormalities and of external challenges to personhood and agency based on the new behavioral neuroscience and genetics. The latter challengers argue that the central role the criminal law gives to mental states is deeply misguided. All these challenges should fail on conceptual and empirical grounds.
January 21, 2021 | Permalink | Comments (0)
Ward on Causality and Attenuation
January 21, 2021 | Permalink | Comments (0)
Shang on The SEC's Deterrence of Corporate Fraud
January 21, 2021 | Permalink | Comments (0)
Wednesday, January 20, 2021
Willis on Capacity and Insanity
January 20, 2021 | Permalink | Comments (0)
Aharonson & Shaffer on Drug Legalization and International Law
January 20, 2021 | Permalink | Comments (0)
Chan et al. on State Versus Federal Wiretap Orders
January 20, 2021 | Permalink | Comments (0)
Tuesday, January 19, 2021
Hanan on Incarcerated Activism During COVID-19
January 19, 2021 | Permalink | Comments (0)
Parks & Grindell on Hazing
January 19, 2021 | Permalink | Comments (0)
Lave on Arizona's Sex Offender Laws
January 19, 2021 | Permalink | Comments (0)
Backer on The Semiotics of Consent in Sexual Assault
January 19, 2021 | Permalink | Comments (0)
Sunday, January 17, 2021
Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply.
Rank | Paper | Downloads |
---|---|---|
1. |
Date Posted: 03 Dec 2020 [2nd last week] |
418 |
2. |
Date Posted: 13 Nov 2020 [3rd last week] |
270 |
3. |
Date Posted: 09 Dec 2020 [4th last week] |
261 |
4. |
Date Posted: 16 Nov 2020 [5th last week] |
213 |
5. |
Date Posted: 20 Nov 2020 [7th last week] |
117 |
6. |
Date Posted: 07 Dec 2020 [9th last week] |
111 |
7. |
Date Posted: 02 Dec 2020 [10th last week] |
104 |
8. |
Date Posted: 02 Dec 2020 [new to top ten] |
103 |
9. |
Date Posted: 18 Nov 2020 [new to top ten] |
90 |
10. |
Date Posted: 02 Dec 2020 [new to top ten] |
86 |
January 17, 2021 | Permalink | Comments (0)
Saturday, January 16, 2021
Dissents from order vacating stay of execution
Justice Breyer's and Justice Sotomayor's dissents in United States v. Higgs are here and here.
January 16, 2021 | Permalink | Comments (0)
Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply.
Rank | Paper | Downloads |
---|---|---|
1. |
Date Posted: 18 Dec 2020 |
773 |
2. |
Date Posted: 23 Nov 2020 |
577 |
3. |
Date Posted: 25 Nov 2020 |
453 |
4. |
Date Posted: 04 Jan 2021 [9th last week] |
240 |
5. |
Date Posted: 16 Nov 2020 [4th last week] |
213 |
6. |
Date Posted: 23 Nov 2020 [5th last week] |
199 |
7. |
Date Posted: 02 Dec 2020 [6th last week] |
179 |
8. |
Date Posted: 19 Nov 2020 [7th last week] |
135 |
9. |
Date Posted: 07 Dec 2020 [10th last week] |
102 |
10. |
Date Posted: 30 Nov 2020 [new to top ten] |
91 |
January 16, 2021 | Permalink | Comments (0)
Friday, January 15, 2021
Berryessa on Autism Spectrum Disorder
This Article acts as a toolkit for members of the judiciary on defendants with Autism Spectrum Disorder (ASD), and specifically looks to equip judges with knowledge, evidence, and resources on recognizing and understanding symptoms of ASD in order to better identify and evaluate diagnosed defendants and their offending behavior. This will allow judges to have impactful and beneficial interactions with defendants, potentially make appropriate procedural and sentencing adjustments before and during the legal process, and better ensure more positive and appropriate legal outcomes for defendants with ASD. First, this Article discusses ways in which judges can identify defendants with ASD in court by recognizing and understanding both distinctive characteristics of offending and courtroom behavior that may be exhibited in cases involving defendants with ASD. Recognizing the limited previous research on judges’ understanding of ASD’s legal relevance, this Article additionally provides judges guidance on three aspects of the legal process in which ASD may be forensically significant for defendants: fitness to stand trial, negating criminal elements necessary for criminal liability, and sentencing decisions. Finally, this Article puts forth recommendations for judges in order to improve the legal process for defendants with ASD.
January 15, 2021 | Permalink | Comments (0)
Denno on Neuroscientific Evidence
January 15, 2021 | Permalink | Comments (0)
Verdier & Stephan on FCPA and Human Rights
January 15, 2021 | Permalink | Comments (0)
Gutman on Wrongful Conviction Compensation Statutes
January 15, 2021 | Permalink | Comments (0)