CrimProf Blog

The Future of Criminal Justice Jurisprudence under the Roberts Court

From an Ohio State Law press release: "With criminal law issues occupying nearly half of the Supreme Court's docket, and with the modern criminal justice system being subject to new scrutiny, a critical question is whether the Roberts Court might radically reshape existing criminal justice jurisprudence. The just-published Fall 2005 issue of the Ohio State Journal of Criminal Law (OSJCL) provides a timely and thoughtful perspective on these issues in its symposium entitled “The Warren Court Criminal Justice Revolution: Reflections a Generation Later.”...Through a series of legendary decisions such as Gideon v. Wainwright and Miranda v. Arizona , the Warren Court shifted the law of criminal procedure in ways that have been described as a revolution.

The Fall 2005 issue of the Ohio State Journal of Criminal Law contains a retrospective on the Warren Court 's criminal justice legacy. In six articles by eminent criminal justice scholars, the authors examine the way the Warren Court changed, and didn't change, the law of criminal justice; how some of those changes have been rolled back by later Courts; and whether different and better paths were available for greater federal control of state criminal justice systems.

The articles in the OSJCL Fall 2005 issue provide important new perspectives on how a Justice Alito and the rest of the Roberts Court might re-examine the Supreme Court's always evolving criminal justice jurisprudence. To subscribe to the journal, see http://moritzlaw.osu.edu/osjcl/Subscribe.htm."

Questions?  Contact: Professor Joshua Dressler, 614-688-3145, co-Managing Editor of the Ohio State Journal of Criminal Law or Professor George C. Thomas III, 973-353-5035, Guest Editor, "The Warren Court Criminal Justice Revolution: Reflections a Generation Later" [Mark Godsey]

New Article Spotlight: The Challenge of a Global Standard of Justice

Suffolk Crimprof Eric Blumenson has posted on SSRN The Challenge of a Global Standard of Justice: Peace, Pluralism, and Punishment at the International Criminal Court. The Abstract:

This article addresses what is often described as the 'peace versus justice' problem, in the context of prosecutorial discretion at the International Criminal Court. The problem typically arises when the threat of prosecution would derail peace negotiations or deter a tyrant from relinquishing power. It already confronts the ICC in its first referral, concerning crimes against humanity committed during an on-going civil war in Uganda, where many victims and their families are imploring the prosecutor to foreswear prosecution. They argue that indictments will deter the rebels from negotiations, and that their traditional restorative justice mechanisms will serve to promote justice and reconciliation far better than prosecutions. ICC decisions on this and other early cases will shape the contours of an emerging standard of global criminal justice.

This article analyzes the conflicting claims of peace, pluralism and punishment in such cases. Among the central questions explored in the article are the following:

(1) Does justice in the aftermath of crime always require prosecution? The answer explores the nature of retributive justice and its relationship to victims of crime.

(2) If justice does require prosecution, does this obligation outweigh all other considerations? The analysis considers three alternative ways of handling a conflict between the obligations of justice and the dire impact fulfilling them would have on third parties, when such is the case. This discussion includes a response to one approach to such conflicts advocated by Profs. Sunstein and Vermeule in their recent argument in favor of capital punishment.

(3) As a global institution, how much deference should the ICC afford to diverse state approaches to the previous two questions? The article suggests that for procedural, substantive, and pragmatic reasons, the Court and its prosecutor should adopt a pluralist philosophy in its charging decisions and complementarity assessments.

Paper available here:  http://papers.ssrn.com/paper.taf?abstract_id=834004

Law Schools and Urban Danger

A group has published a list of the most dangerous and least dangerous cities; story here.  By my count, the Ten Most Dangerous cities are home to over a dozen ABA accredited law schools.  The Ten Least Dangerous cities have a total of two law schools.  Perhaps this means that whatever else might induce governments and universities to start law schools, the needs of the criminal justice system are one.

The Ten Most Dangeorus Cities and their Law Schools:

Camden, New Jersey. Law School: Rutgers, Camden
Detroit, Michigan. Law school: Wayne State, University of Detroit-Mercy
St. Louis, Missouri. Law School: Wash U., St. Louis U.
Flint, Michigan. Law School: None
Richmond, Virginia. Law School: U. Richmond.
Baltimore, Maryland. Law Schools: U. Baltimore, U. Maryland.
Atlanta, Georgia. Law Schools: Georgia State; Emory
New Orleans, Louisiana. Law Schools: Loyola, Tulane.
Gary, Indiana. Law School: None.
Birmingham, Alabama. Law School: Samford.

The Ten Least Dangerous Cities:

Newton, Massachusetts. Boston College Law School.
Clarkstown, New York. No Law School.
Amherst, New York. No Law School.
Mission Viejo, California. No Law School.
Brick Township, New Jersey. No Law School.
Troy, Michigan. No Law School.
Thousand Oaks, California. No Law School.
Round Rock, Texas. Law School: U. Texas.
Lake Forest, California. No Law School.
Cary, North Carolina. No Law School.

[Jack Chin]

Texas CrimProf Advocates a More Precise Insanity Defense Standard, Looking at the Andrea Yates Case

CrimProf George Dix of Texas Law at Austin advocates a clarification in Texas law's insanity defense by examining the Andrea Yates case, the case in which Yates, a Texas mother, will be retried for the drowning deaths of her five children. He views the Yates case as a prime example of the legislature's need to define insanity as the mental state in which the defendant could not "appreciate" that his/her actions were "morally wrong" or "legally wrong."  Currently, Texas law, like many other states' laws, requires the defendant claiming insanity to prove to a jury that, at the time of the crime, he/she did not "know" that the conduct was "wrong."  But unlike many other states' laws, Texas law does not define "know" or "wrong" to guide juries as they deliberate.  Dix believes defining "know" and "wrong" is essential for just outcomes in cases involving the insanity defense.

From a Texas Law press release: "No one questions that Yates was seriously mentally ill when she drowned her children in the bathtub of her Houston-area home...The jury in Yates' first trial, however, undoubtedly concluded that she understood in some limited sense that authorities would regard her actions as legally wrong. She took precautions against being interrupted as she carried out her plan. She notified authorities when she completed it. Did she know what she did was wrong? This depends on how one defines "know" and "wrong." Yet we demanded that Yates' jury resolve her case without guiding them on what the law means by these critical terms...

The insanity defense should identify those people who have done terrible things but under such a misunderstanding of the surrounding circumstances that they were not morally to blame for having done so...If Yates were to be retried under the Texas standard as it should be amended, the instructions given to jurors would focus their attention on the real — although difficult — issue: Did Yates, as result of her serious mental illness, have such a distorted perception of the meaning of her conduct that she did not meaningfully appreciate that it was morally wrong?" [Mark Godsey]

Emory Law to Start Two New Clinics; In Search of Directors

"Emory Law School will create two new clinical programs in adult indigent criminal defense and in juvenile justice. These clinics are slated to begin in the Fall Semester 2006. The Criminal Defense Clinic will be developed in coordination with the Office of the DeKalb County Public Defender. Students will work directly with clients and will participate in courses taught by a clinical instructor who will work in the Office of the Public Defender.

The Juvenile Justice Clinic will be a unit of the Law School's Barton Child Law and Policy Clinic. In the new Juvenile Justice Clinic, students will have the opportunity to assist in the direct representation of juvenile clients and will participate in related academic courses led by the clinical instructor.

The law school has begun a search for directors for the new clinics. For more information, or to apply for a position with the criminal justice clinic, contact Professor Robert Schapiro at 404-727-1103 or [email protected]. For information on the juvenile justice clinic, contact Professor Frank Vandall at 404-727-6510 or fvandall(at)law.emory.edu. For naming opportunities or to donate to the clinics, contact Susan Carter at 404-727-0055 or sfcarte(at)law.emory.edu. [Mark Godsey]

Talkleft: Criminal Defense Lawyers Jailed in China

Story here. [Jack Chin]

This Week's Top 5 Crim Downloads

This week's top 5 crim papers, with number of recent downloads on SSRN, are:

(1)	122	Property Rules and Liability Rules, Once Again Keith N. Hylton, Boston University School of Law, Date posted to database: October 5, 2005 Last Revised: November 2, 2005
(2)	108	Home as a Legal Concept Benjamin Barros, Widener University - School of Law, Date posted to database: September 16, 2005 Last Revised: September 16, 2005
(3)	104	Prisons of the Mind: Social Value and Economic Inefficiency in the Criminal Justice Response to Mental Illness Amanda C. Pustilnik, Covington & Burling, Date posted to database: August 26, 2005 Last Revised: September 8, 2005
(4)	88	Separation of Powers and the Criminal Law Rachel Barkow, New York University - School of Law, Date posted to database: September 21, 2005 Last Revised: October 7, 2005
(5)	66	Terrorism and the New Criminal Process John T. Parry, University of Pittsburgh School of Law, Date posted to database: September 27, 2005 Last Revised: October 10, 2005

Phone Calls from Phony Cops Get Fast Food Workers to Strip

Someone pretending to be a cop calls an assistant manager of a fast food joint, describes another worker and says she is suspected of theft.  The assistant manager is asked to have the employee strip, sometimes worse.  This scam has happened dozens of times around the country, and many employees evidently often go along.

"On Nov. 30, 2000, the caller persuaded the manager at a McDonald's in Leitchfield, Ky., to remove her own clothes in front of a customer whom the caller said was suspected of sex offenses. The caller promised that undercover officers would burst in and arrest the customer the moment he attempted to molest her, said Detective Lt. Gary Troutman of the Leitchfield Police Department."

"On Jan. 26, 2003, according a police report in Davenport, Iowa, an assistant manager at an Applebee's Neighborhood Grill & Bar conducted a degrading 90-minute search of a waitress at the behest of a caller who said he was a regional manager -- even though the man had called collect, and despite the fact the assistant manager had read a company memo warning about hoax calls just a month earlier. He later told police he'd forgotten about the memo."  [Jack Chin]

Rapper Snoop Dogg Urges Schwarzenegger to Grant Crips Co-Founder Clemency

From LATimes.com: "Rapper Snoop Dogg urged Gov. Arnold Schwarzenegger on Saturday to grant clemency to convicted murderer and Crips co-founder Stanley Tookie Williams so he can continue his work with young people. 'Stanley Tookie Williams is not just a regular old guy, he's an inspirator,' the rapper and former Crips member told a crowd of about 1,000 outside San Quentin State Prison.  Williams, 51, is set to be executed Dec. 13.  He was convicted in 1979 of murdering four people during two robberies in Los Angeles. He has exhausted his appeals and has asked Schwarzenegger for clemency. Schwarzenegger said this past week that he was "dreading" the decision.

Williams founded the Crips with a childhood friend in 1971 in Los Angeles, and in the following years, the gang battled with its rival, the Bloods, for territory and control of the drug trade. In prison, however, he gained international acclaim for writing children's books about the dangers of gang life. An award-winning television movie starring Jamie Foxx, "Redemption," was based on his life. Snoop Dogg, 33, whose real name is Calvin Broadus, said Williams inspired him to work with young people. The rapper said he was once a gang member and now does youth outreach activities, including running a football league for youngsters. 'I didn't get this from somebody that was on the streets. I got this from Stanley Tookie Williams, a brother that was locked up on death row,' he said, wearing a white T-shirt with huge black letters that said savetookie.org. 'He inspired me to want to do something positive with my life and to go touch the kids.' The rapper had wanted to visit Williams on death row, but his application was denied by prison officials because of his criminal record. Snoop Dogg has been arrested several times for weapons and drug-related offenses, according to the California Department of Corrections and Rehabilitation.

Organizers played a new Snoop Dogg song called "Real Soon," which promotes Williams' advocacy work. Todd Chretien, who works with the Campaign to End the Death Penalty, an advocacy group that helped organize the rally, implored the governor to grant clemency. 'There is no reason on earth to kill him, and there is every reason to keep him alive,' he said." [Mark Godsey]

Texas: School Bus Driver Charged with Felony Murder for Child's Death

South Texas CrimProf Susan Crump (pictured) explains the Harris County, Texas Prosecutor's decision to charge a school bus driver with felony murder for a child's death that resulted from a road accident.  The bus driver, Jerry Michael Cook, was driving his school bus a block away from the school when he hit and killed 9 year-old Ruth Young, a fourth-grader at the school.  Cook failed to yield the right of way to the girl as she was riding her bike. 

From Chron.com: The Houston Chronicle: [Crump said Harris County prosecutor Warren Diepraam] "is well within the law to file a felony murder charge against the bus driver, but called the move 'unusual.'...Crump said the law identifies various ways in which murder is committed in Texas. The felony murder with which Cook is charged occurs when a person commits an underlying felony (injury to a child) and the person commits a clearly dangerous act to human life that causes the death of the victim...Cook also can be charged with criminal negligent homicide because the charge is not included as a lesser offense to felony murder under the penal code.

Under the penal code, a person commits criminal negligent homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. Criminal homicide is listed as murder, capital murder, manslaughter or criminally negligent homicide. Most bus drivers involved in the deaths of students in recent years were charged with criminal negligent homicide, although the charges later were dismissed by grand juries.  A felony murder charge [in Texas] is punishable by up to life in prison and a $10,000 fine. Criminal negligent homicide is a state jail felony punishable by six months to two years in jail and a $10,000 fine...

Diepraam said he chose to seek a murder charge because the law provides extra protection for children. Diepraam says the Cook case is different from the other bus fatality cases.  'Generally speaking it's a fact-based situation. If it's something where the kid jumps in front of the school bus driver or something that is unexpected or purely an accident — it doesn't involve negligence or recklessness on the part of the bus driver — I wouldn't expect charges to be filed,' Diepraam said. 'There are many different factors that are alleged in this one.'  The prosecutor said Cook committed the felony offense of injury to a child by negligently and recklessly causing Ruth's death. Cook, he said, by failing to maintain a proper lookout for Ruth and by failing to yield the right of way to her caused the girl's death. The bus, he said, constitutes the use of a deadly weapon." [Mark Godsey]

The Juror and the Convict: Felony Murder in New York

A juror who convicted two men of felony murder for a notorious double killing above the Carnegie Deli in New York is now outraged that the one of them she believed to be far less culpable got the same "forever and a day" sentence as the real bad actor.  The juror has now befriended the less culpable defendant and is fighting for justice.  Brooklyn CrimProf and Legal Aid Society of New York attorney David Crow represents the convict. [Jack Chin]

Talkleft: Was an Innocent Man Executed in Texas?

Looks like it, according to this news report. And here's the Prawfsblawg report. [Jack Chin]

LawProf Al Brophy Blogs Chin on Jim Crow

Here's Al Brophy's guest post on the Solove/Wenger/Oman/Hoffman blog Concurring Opinions on my Constitutional Commentary paper Jim Crow's Long Goodbye.  I hope you don't think I'm gratuitously posting this entry, which is not directly related to criminal law, just because Professor Brophy favorably comments on my work, although that would be true. 

Al is my hero because of his brilliant legal history writing including Reparations: Pro and Con (Oxford), and Reconstructing the Dreamland: The Tulsa Race Riot of 1921 (Oxford), and because he will spend the Spring as a visiting professor at the University of Hawai'i Law School, which is very nice work if you can get it. [Jack Chin]   

Online Discussion about Prisoner Reentry

Here's an announcement of interest:

Dear Colleagues,

On behalf of the Government Innovators Network, KnowledgePlex, and the National Institute of Justice, I would like thank you for your interest in our web conference "Prisoner Reentry: Addressing the Challenges of Returning Home." We were delighted at the level of response we received on this important subject. Many of you attempted to join the conference, but found the meeting full, and we very much regret that we were not able to accommodate such a high turnout.

We would like to remind everyone, that the event was recorded; you can access this archived recording of the session on the KnowledgePlex website http://www.knowledgeplex.org/xchat.html), as well as the Government Innovators Network website http://www.innovations.harvard.edu/xchat.html

To access archived events, you must register with the KnowledgePlex or the Government Innovators Network -- registration is free and easy. Just click the word "register" on the top-right corner of the screen on either website, and follow the instructions. On this page, you will also be able to access a list of related resources including links to recent news articles and other resources on the topic of prisoner reentry and homelessness.

Many of you have expressed great interest in continuing the dialogue. Thus, we encourage you all to participate in our discussion forum, which will is titled "Prisoner Reentry," and can be found at the Government Innovators Network at http://www.innovations.harvard.edu/forums. Some starter topics have been added to get the ball rolling, including: "Barriers to Employment," "Securing and Networking Resources," and "Returning Sex Offenders."

The initial posts include many questions submitted by those of you who attended the 11/9 event. We encourage you to offer your professional insights and advice in response, or to pose some related questions of your own. In addition, we also invite you to post a new topic (e.g. one attendee has already initiated a great topic on the "Use of Technology and Workload"). There are many issues that were raised during the Q&A session, which the presenters only had time to touch on lightly, if at all, such as resources for children of incarcerated parents, reintegration of those released from juvenile detention facilities, reentry in rural communities, and coordinating mental health resources.

If you have any further questions about the accessing the recording of the event or the using the discussion forum, please let me know. We are happy to be working with this diverse group of leaders in prisoner reentry, and are excited to offer you further opportunities to exchange ideas.

Sincerely,

Jim Cooney
James R. Cooney, Communities of Practice Coordinator, Ash Institute for Democratic Governance and Innovation, John F. Kennedy School of Government, Harvard University

Call for Papers from Syracuse CrimProf Paula Johnson

An interesting new project from Syracuse CrimProf Paula Johnson:

CALL FOR PAPERS: INTERRUPTED LIFE: THE EXPERIENCES OF INCARCERATED WOMEN IN THE UNITED STATES
      
        The rapidly increasing women's prison population has generated great interest among policymakers, academics and activists in the causes, treatment, and consequences of women's  imprisonment.  When women become incarcerated, their lives and the lives of their families are forever changed.  The book project, Interrupted Life: The Experiences of Incarcerated Women in the United States will be a collection of works by and about incarcerated women that interrogates the possibility of "agency" within contexts of systematic dehumanization, even as it recognizes and represents irrefutable acts of self-preservation on the part of imprisoned women.
      
        Interrupted Life will be organized around themes that pertain to incarcerated women's identities beyond their prisoner status, and their struggles to create communities inside the prison and to maintain significant relationships outside of prison.  Each section of the book will include diverse forms of expression, including narratives, essays, drama, poetry and illustration.  The book will have eight sections, and each section will include five to seven entries of essays, reports, photographs, creative writing, memoir, narrative and related material. In addition, each section will address public representations of incarcerated women within the context of the section heading.  Each section will also include examples of activist efforts of incarcerated women and their allies challenging institutional constraints.
      
        We invite potential contributors to submit proposals.  Full Details Here
      
        Proposals for papers or other forms of contributions are due by December 16, 2005. The content of book chapters will be determined based on the proposals received.  The editorial team will select proposals by January 5, 2006. Final versions of papers and other contributions are due by April 1, 2006.  Feel free to contact any member of the editorial team regarding questions about Interrupted Life: The Experiences of Incarcerated Women in the United States: Paula C. Johnson, [email protected] Martha Raimon, [email protected]  Tina Reynolds, [email protected] Rickie Solinger, [email protected] Ruby Tapia, [email protected]

    To forward proposal submissions to Interrupted Life: The Experiences of Incarcerated Women in the United States, please contact:      
        Paula C. Johnson
        E.I. White Hall
        Syracuse University College of Law
        Syracuse, NY 13244
        (315) 443-3364 phone  (315) 443-4141 fax [email protected]

CrimProf Blog Spotlight: CUNY Law's Jeffrey Kirchmeier

This week the CrimProf Blog spotlights Jeffrey L. Kirchmeier of CUNY Law.

"Professor Kirchmeier teaches Criminal Law, Criminal Procedure, Lawyering Seminar, and Death Penalty Law. He received his B.A. and J.D. degrees from Case Western Reserve University. Before joining the CUNY faculty, he began his legal career as a litigation associate at Arnold & Porter in Washington, D.C. and taught at Tulane School of Law and Arizona State University College of Law. For several years, he was a staff attorney at the Arizona Capital Representation Project, where he represented indigent capital defendants in state appeals, state post-conviction proceedings, federal habeas corpus proceedings, and at clemency hearings. Additionally, he supervised and helped train capital defense attorneys throughout Arizona and was the editor of a quarterly publication on legal developments in the death penalty area.

Professor Kirchmeier is the author of numerous articles about criminal procedure and the death penalty, including a recent analysis of the death penalty moratorium movement. He remains active in death penalty work, and is a member (and former Chair) of the Capital Punishment Committee of the Association of the Bar of the City of New York. His awards include a President's Commendation by Arizona Attorneys for Criminal Justice and the Young Alumni Award from Case Western Reserve University. The 2003 CUNY graduating class gave him the Distinguished Professor Award."

For a list of Professor Kirchmeier's publications, click here.

Clinical Jobs at Emory

EMORY UNIVERSITY SCHOOL OF LAW Juvenile Justice Clinical Instructor

Emory University School of Law invites applications for the position of Juvenile Justice Clinical Instructor. The responsibilities include developing the Juvenile Justice course, teaching fundamentals of juvenile law and litigation, interviewing and representing children, and supervising certified legal interns who represent children in delinquency and other proceedings - providing advocacy in the areas of school discipline, special education, mental health, and public benefits. The instructor is counsel of record in cases handled by the Barton Child Law and Policy Clinic at Emory University. The instructor will also perform duties related to the mission of the law school or the clinic. Teaching experience is desirable.

MINIMUM QUALIFICATIONS:  A J.D degree and several years of related legal experience are required. The candidate must be a member in good standing of the State Bar of Georgia by July 31, 2006. Experience working with juvenile court systems and child welfare systems is required.

COMPENSATION: The position is a full-time, non-tenured faculty position. The appointment is for two years, beginning in early 2006. Salary range is $50,000 - $55,000 plus benefits.

APPLICATION PROCEDURE:  Applicants should submit: 1) a cover letter discussing their qualifications for the position and reasons for applying; 2) a resume; 3) telephone numbers and addresses of three references. Applications must be received by December 16, 2005.

Applications and materials should be sent to:  CONTACT:
Professor Frank Vandall
Juvenile Justice Clinical Committee
Emory University School of Law
1301 Clifton Road, N.E.
Atlanta, GA 30322

Clinical Instructor for Criminal Defense Clinic

Emory University School of Law invites applications for the position of Clinical Instructor for the law school's new Indigent Defense Clinic. The Indigent Defense Clinic offers third year Emory law students the opportunity to represent criminal defendants, primarily in misdemeanor cases, in DeKalb County, Georgia. The Instructor's responsibilities include selecting cases appropriate for student involvement and supervising students in their handling of clients and cases. The Instructor also will teach a course for students enrolled in the clinic, covering legal and ethical issues that arise in the context of criminal representation and broader perspectives on the criminal justice system. In addition, the Instructor will engage in policy work on criminal justice issues at the local, regional, or national level.

The Clinic is a joint project with the Office of the Public Defender for the Stone Mountain Judicial Circuit. The Instructor will have the option to continue to work for the Public Defender's Office as a regular employee at the conclusion of the Instructor's service with the clinic.

MINIMUM QUALIFICATIONS: J.D. degree from an ABA accredited law school, several years of criminal defense experience, and prior teaching experience are required. The candidate must be a member in good standing of the State Bar of Georgia by June 1, 2006.

TERMS OF EMPLOYMENT:  The position is a full-time, non-tenured faculty position. The initial appointment is for two years with the possibility of renewal. The preferred starting date for the position is early 2006. The Clinic will begin representing clients in August 2006. Salary range is $50,000 - $55,000 plus benefits.

APPLICATION PROCEDURE: Applicants should submit: 1) a cover letter discussing their qualifications for the position and reasons for applying; 2) a resume; 3) telephone numbers and addresses of three references. Applications must be received by December 16, 2005.

Application materials should be sent to:

CONTACT: Professor Robert Schapiro Indigent Defense Clinic Committee Emory University School of Law 1301 Clifton Road, N.E. Atlanta, GA 30322 Questions also may be directed to: CONTACT: Robert Schapiro Email:

MAILTO:[email protected]

Review of applications will begin immediately and continue until the position is filled. Emory University is an affirmative action/equal opportunity employer.

Robert Blake Liable for Wife's Killing

Story here. [Jack Chin]

Watch Video of Va. CrimProf Stephen Smith's Recent Lecture on Capital Punishment

From the Virginia Law website:  In states that have capital punishment, institutional pressures in the justice system skew the outcome in death penalty cases toward conviction and execution, law professor Stephen Smith said in lunch remarks to the Board of Trustees and Alumni Council meeting Nov. 4. Better funding for indigent defense and higher standards of effective representation for the accused would likely result in more life sentences and make execution more rare. “Mending it could end it,” Smith said.  “Supporters of the death penalty think that our current system has elaborate procedural protections and bends over backwards to make every effort to see that those who get the death penalty are society’s worst murderers, and that if you get the death penalty you really deserve it,” he said.  But the reality is that the United States has “a highly politicized system” that also results in certain types of defendants, typically those unlike jurors, being sorted toward execution.  If the Supreme Court uses constitutional arguments to regulate the death penalty “through a procedural approach that ignores the underlying political reality, the effort is doomed,” Smith said, acknowledging that certain procedural reforms the Court could institute would lead to a fairer death penalty.  Watch a video of his talk here.  [Mark Godsey]

Interesting New 4th Amendment Case

The Sixth Circuit holds that entries onto home's curtilage by tax assessor are not searches for purposes of the 4th Amendment.  Decision here.  [Mark Godsey, via CrimProf Michael Mannheimer at NKU]