Sunday, October 6, 2024
Multipedia Post: Walgreens Security Guard Kills
Since 2009, I have shared multimedia teaching content at the Crimprof Multipedia; going forward, when I post new content there, I’ll try and also make a note of it here. I will not, however, make an entire duplicate library of the multimedia content. So, if you are interested in a particular post, you can go and grab it there.
https://crimprof.com/criminal-law/defenses/walgreens-security-guard-kills/
Category
Defenses, Pretrial
Tags
charging decision, common law, deadly force, defense of property, defenses, discretion, firearms, homicide, justification of law enforcement, murder, non-homicide crime, pretrial, prosecution role, self-defense, theft
Post
In April of 2023, amidst strong disagreement over how to handle retail theft in California, 33-year-old private security guard Michael Anthony was on shift at a Walgreens in San Francisco when he saw someone slip an item into a bag. A confrontation ensued, witnessed by bystanders and captured on CCTV, resulting in Anthony shooting (a single time) and killing 24-year-old Banko Brown. Here’s the video:
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Anthony easily satisfies the requirements of some form of criminal homicide, including murder—for example, intending to cause serious bodily injury, he caused the death of another human being. And of course defense of property never permits deadly force. So, it is a case for addressing the defense of law enforcement and self-defense.
As for law enforcement, the common law was of course generous and applied to us all, so the issues include whether and how California has narrowed that doctrine and whether it was reasonable to believe this deadly force necessary to arrest a felon. Petty retail theft would not begin as a felony, but did this become a robbery? If you teach like me, you won’t be as concerned with precisely how California has modified the doctrine, but rather with working through the types of changes commonly made by various states.
As for self-defense, could guard Anthony reasonably fear imminent serious bodily injury or death at the time he shoots? He claims Brown had repeatedly threatened to stab him, and that he thought “I was going to be stabbed.” Bystanders did not hear those threats, and police found no knife.
Beyond the substantive criminal law, it is a case for discussing prosecutorial discretion, with all the questions that naturally raises: Why do we permit prosecutors to make these choices? Is there a realistic better alternative? In this case, the prosecutor both released a written report and sat down for an interview regarding her charging decision:
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As of September 2024, no charges were filed and none were planned.
Another interesting topic might be the different bystander reactions, including a seeming lack thereof. What might these say about things?
October 6, 2024 in Criminal Law, Teaching | Permalink | Comments (0)
Carpenter AI-Generated Podcast
Google has released a rather amazing new generative AI tool, NotebookLM, into which you can upload any documents you’d like to make the subject of an AI-generated podcast. Carpenter, as a case about technology changing antiquated Fourth Amendment law, seems appropriate fodder; so, here is what NotebookLM generated when I fed it the PDF of the Supreme Court’s opinion.
Carpenter v US by way of Google NotebookLM
You can spot the errors, but impressive still!
S.
October 6, 2024 in Cases of Interest, Crim Pro Investigation, Supreme Court, Teaching | Permalink | Comments (0)
CrimProf Blog Lives On
Thanks to Kevin for shepherding the blog over the years. Now that he's turned the page, I've decided to make a go of building out this space—time will tell how it goes! If you have thoughts regarding content you'd like to see, let me know. I'll be simultaneously working content here in addition to my longstanding presence over at Crimprof, including its library of multimedia teaching modules.
S.
October 6, 2024 in About This Blog | Permalink | Comments (0)
Thursday, September 12, 2024
Farewell to CrimProf Blog
Since taking over editorship of CrimProf Blog on August 17, 2009, I’ve enjoyed helping my colleagues in the academy and beyond to keep up to date on news and legal scholarship about criminal law and procedure. Doing so has been a great way for me to stay abreast of the continual evolution of these fields, and I’ve enjoyed hearing from many of you over the years about your forthcoming publications. After 15 years of daily posts, I’ve decided to transition to other projects. This will be my last post on CrimProf Blog. There are no plans to continue the publication.
For those who have come to rely on CrimProf Blog to help them find materials, here are some links you may find helpful as replacements:
*For new SSRN postings about Criminal Procedure, look here.
*For new SSRN posting about Criminal Law, look here.
*For the top-ten recent SSRN downloads about Criminal Procedure, look here.
*For the top-ten recent SSRN downloads about Criminal Law, look here.
*For U.S. Supreme Court cert grants, look here; upcoming oral arguments and links to papers in pending cases can be found at that link by clicking on the “cases” tab at the top of the page.
*For news about the criminal justice system, you can find NACDL’s “News of Interest” page here.
Best wishes to all in the continuing search to understand and improve one of our most important institutions.
--KC
September 12, 2024 | Permalink | Comments (6)
Tuesday, September 10, 2024
Merchant on Judicial Discretion in Sentencing Under Plea Agreements
This Essay contributes new data on plea agreements for sentences within guideline ranges and suggests that parties drive more of federal sentencing than previously acknowledged. Judges' apparent complicity, particularly post-Booker, gives those sentences the cathartic gloss of Article III, maintaining a peculiar but potentially necessary framework of fictions in federal sentencing.
September 10, 2024 | Permalink | Comments (0)
"The Seemingly Endless Cycle of Reforms in Juvenile Justice"
From The Marshall Project, via NACDL's news update:
On Tuesday, Ohio Gov. Mike DeWine announced that the state will try to shut down its three large youth correctional facilities in favor of building smaller and less centralized units. DeWine cited findings that young people “do not respond well to adult-style incarceration,” Crain’s Cleveland Business reported.
. . . .
Los Angeles County may serve as a cautionary tale for Ohio. Four years ago, the county’s own juvenile justice working group made similar proposals in a plan called “Youth Justice Reimagined.” Like in Ohio, one of the centerpieces of the reform was to decentralize the county’s juvenile halls and replace them with “smaller, more homelike ‘safe and secure healing centers,’” according to the Pasadena Star-News.
Then last year the county reopened the previously shuttered Los Padrinos Juvenile Hall, reasoning that consolidating youths into the facility would let the county system operate more efficiently. Officials are still trying to lower the number of young people at the hall, but violence and drugs have proliferated, youths report feeling unsafe and the threat of another shutdown looms constantly.
September 10, 2024 | Permalink | Comments (0)
Monday, September 9, 2024
Noorda on Prison Labor in the Netherlands
September 9, 2024 | Permalink | Comments (0)
Crocker on Social Cost and The Fourth Amendment
September 9, 2024 | Permalink | Comments (0)
Sunday, September 8, 2024
Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply.
Rank | Paper | Downloads |
---|---|---|
1. |
Date Posted: 24 Jul 2024 |
215 |
2. |
Date Posted: 11 Jul 2024 |
195 |
3. |
Date Posted: 07 Aug 2024 |
158 |
4. |
Date Posted: 27 Jun 2024 |
141 |
5. |
Date Posted: 31 Jul 2024 [6th last week] |
93 |
6. |
Date Posted: 22 Jul 2024 [5th last week] |
89 |
7. |
Date Posted: 08 Aug 2024 [8th last week] |
81 |
8. |
Date Posted: 23 May 2024 [7th last week] |
76 |
9. |
Date Posted: 28 Jun 2024 [10th last week] |
70 |
10. |
Date Posted: 02 Jul 2024 [9th last week] |
69 |
September 8, 2024 | Permalink | Comments (0)
Saturday, September 7, 2024
Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply.
Rank | Paper | Downloads |
---|---|---|
1. |
Date Posted: 20 Aug 2024 |
489 |
2. |
Date Posted: 11 Jul 2024 |
323 |
3. |
Date Posted: 31 Dec 2023 |
308 |
4. |
Date Posted: 11 Jul 2024 |
195 |
5. |
Date Posted: 22 Jul 2024 |
89 |
6. |
Date Posted: 08 Aug 2024 [7th last week] |
77 |
7. |
Date Posted: 23 May 2024 [6th last week] |
76 |
8. |
Date Posted: 06 Aug 2024 |
68 |
9. |
Date Posted: 12 Aug 2024 |
53 |
10. |
Date Posted: 03 Jul 2024 |
52 |
September 7, 2024 | Permalink | Comments (0)
Friday, September 6, 2024
Byars on Recidivist Organizational Offenders
September 6, 2024 | Permalink | Comments (0)
"Can the city of Savannah fine or jail people for leaving guns in unlocked cars? A judge weighs in"
From AP, via NACDL's news update:
Savannah’s mayor and city council voted unanimously in April to outlaw keeping firearms in unlocked vehicles, with maximum penalties of a $1,000 fine and 30 days in jail. They said the law would make it harder for criminals to steal guns, and cited local police statistics showing more than 200 guns reported stolen last year from vehicles that weren’t locked.
. . . .
Chatham County Superior Court Judge Benjamin Karpf didn’t rule Wednesday on Belt’s motion to halt enforcement of the Savannah ordinance while considering his underlying lawsuit that seeks to have it thrown out permanently.
Monroe said Savannah’s ordinance should be voided because it violates a state law prohibiting local governments from regulating “the possession, ownership, transport, (or) carrying” of firearms.
September 6, 2024 | Permalink | Comments (0)
Thursday, September 5, 2024
Leshem on The Informational Role of Elevated Standards of Proof
Shmuel Leshem has posted The Informational Role of an Elevated Standard of Proof on SSRN. Here is the abstract:
September 5, 2024 | Permalink | Comments (0)
Franks on Non-consensual Pornography
September 5, 2024 | Permalink | Comments (0)
Wednesday, September 4, 2024
Bland & Brooks on Criminalization of Sex Work
The District of Columbia has made significant investments in reducing violence and improving community health. DC implemented violence interruption programs and accountability mechanisms, reformed policing and trained in cultural competency, and increased access to health insurance for vulnerable communities of immigrants and homeless people. Despite their continued prioritization, violence and infectious disease continue to be major public health challenges, especially for DC’s Black and LGBTQ communities. There is considerable evidence from public health researchers that criminalization of sex work contributes to community violence, propagates crime, blocks access to public health resources, is an ineffective deterrent to participation in sex work, and is deeply harmful to sex workers.
September 4, 2024 | Permalink | Comments (0)
"California Voters Have Some Choices on Crime in November"
Michael Rushford has this post at Crime & Consequences. In part:
An initiative addressing theft and drug abuse has qualified for California’s November 5 ballot, along with a ballot measure passed by the Legislature which increases the rights of prison inmates.
Proposition 36, is sponsored by the California District Attorneys Association and is supported by retailers, victims’ groups and most state law enforcement professionals. The measure changes several provisions of California Proposition 47, which converted thefts of $950 or less to misdemeanors, along with drug sales or possession, even if the offender has multiple priors. If adopted, Proposition 36 would strengthen penalties for habitual shoplifters and thieves, allowing an offender convicted of a third theft valued at less than $950 to be charged with a felony and sentenced to up to three years in state prison, depending on his criminal record.
September 4, 2024 | Permalink | Comments (0)
Tuesday, September 3, 2024
"Should police be able to interrogate kids alone? A growing number of states say no"
From NPR, via NADCL's news update:
That day, he didn’t ask for a lawyer, and he did talk. Studies show nearly all juveniles make the same choice: As many as 90 percent waive their Miranda rights. Yet legal experts say children and teenagers don’t understand the consequences of doing so.
Now, some states are working to fix that. In the last three years, at least four states — including California, Maryland, New Jersey and Washington — have passed laws banning police from interrogating children until that child has spoken to a lawyer. Illinois has introduced a bill broadening its protections for juveniles questioned by police, and other states – including New York and Minnesota – have introduced similar bills.
September 3, 2024 | Permalink | Comments (0)
Geistfeld on Scarce Compensatory Resources and the Tort/Crime Relationship
. . . .
September 3, 2024 | Permalink | Comments (0)
Monday, September 2, 2024
"Police in a suburban New York county have made their first arrest under a new law banning face masks"
From AP, via NACDL's news update:
Police in the suburbs of New York City made the first arrest under a new local law banning face masks, officials announced Tuesday.
. . . .
The New York Civil Liberties Union, which has criticized the new law, repeated its warning that the mask ban is “ripe for selective enforcement by a police department with a history of aggression and discrimination.”
Disability Rights of New York, a group that advocates for people with disabilities, filed a legal challenge last week arguing that the mask law is unconstitutional and discriminates against people with disabilities.
September 2, 2024 | Permalink | Comments (0)
Sunday, September 1, 2024
Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply.
Rank | Paper | Downloads |
---|---|---|
1. |
Date Posted: 24 Jul 2024 |
213 |
2. |
Date Posted: 11 Jul 2024 |
188 |
3. |
Date Posted: 07 Aug 2024 |
148 |
4. |
Date Posted: 27 Jun 2024 |
139 |
5. |
Date Posted: 22 Jul 2024 |
88 |
6. |
Date Posted: 31 Jul 2024 [8th last week] |
85 |
7. |
Date Posted: 23 May 2024 [6th last week] |
76 |
8. |
Date Posted: 08 Aug 2024 [new to top ten] |
71 |
9. |
Date Posted: 02 Jul 2024 |
68 |
10. |
Date Posted: 28 Jun 2024 |
65 |
September 1, 2024 | Permalink | Comments (0)