Monthly Archives : October 2014

Why the Necessity Defense is Unneccesary

On October 27, 2014, Posted by , In Criminal Law, By , With No Comments

From a deterrence standpoint, I’ve never understood why there is such a thing as a necessity or duress defense in criminal law. The deterrence view of criminal law is that we choose punishments to deter judgment-proof individuals from committing acts that harm social welfare. If this is the case, then…

Same Crime, Different Sentence

On October 23, 2014, Posted by , In Criminal Law, By , , With No Comments

One of the many interesting questions in the world of post-Booker federal sentencing is whether a judge, in sentencing one defendant, is required (or permitted) to take into account the sentences imposed on codefendants. Yesterday, the Third Circuit issued an interesting opinion on this question. (Doug Berman has an excerpt…

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On October 14, 2014, Posted by , In Criminal Law, By , With No Comments

(Mark Drumbl) There’s been a lot of talk about the referral by the United Nations Security Council of the Darfur situation to the International Criminal Court(ICC).  Yet, the ICC is involved in more than just Darfur.  Its first case, now moving toward trial, involves a Congolese national, Thomas Lubanga Dyilo,…

Defending “Dollar” Bill

On October 13, 2014, Posted by , In Criminal Law, By ,, , With No Comments

(Stuart Green) One of the reasons that I merely teach and write about white collar crime, rather than actually represent any white collar defendants, is that I lack the kind of imagination and hubris that are necessary to do a really effective job at the latter.  Consider the task confronting…

Analyzing Family Ties Burdens: A Framework

On October 9, 2014, Posted by , In Criminal Law, By , , With No Comments

(Dan Markel) In two previous posts, Ethan, Jennifer Collins and I identified some practices that we characterize as family ties burdens.  Here, we present a normative framework for analyzing whether such penalties or burdens can be justified.  First, we quickly explain why we adopt a defendant-centered perspective in this project….

Drug Prosecutions: Racial Disparity, San Diego State and U.S. News Rankings

On October 7, 2014, Posted by , In Criminal Law, By ,, , With No Comments

(Marc Miller) Human Rights Watch recently reported that the depressing old story that African Americans are disproportionately drug defendants remains true. (News story here.)  One reason may be political;  drug search warrants of wealthier, whiter neighborhoods have a higher success rate (see Lawrence Benner, Racial Disparity in Narcotics Search Warrants,…