Articles Posted in Up Periscope

Estimating Gender Disparities in Federal Criminal Cases Sonja B. Starr University of Michigan Law School August 29, 2012 University of Michigan Law and Economics Research Paper Abstract: This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense,…

Several items of interest. Army Times reports: The first female soldier to flee the U.S. military for Canada to avoid the war in Iraq has been ordered deported, a spokeswoman for the War Resisters Support Campaign said Thursday. On the home grown terrorism front Air Force Times reports: Georgia prosecutors will seek the death penalty…

h/t Prof. Berman. http://sentencing.typepad.com/sentencing_law_and_policy/2012/08/what-should-a-registered-sex-offender-do-when-running-from-a-hurricane.html

I have already posted about IAC prior to trial in connection with GP’s. Here’s a case, Ostrander v. Green, 46 F.3d 347 (4th Cir. 1995) – from the Fourth no less — that is very interesting because it makes clear there is a different standard of review that Strickland. In its first opinion, the district…

The Ottawa Citizen reports on a new publication. The title of the new piece is, Former Office ‘amazed’ he stayed sane during court martial. Former infantry officer Robert Semrau, who was dismissed from the Canadian Forces for shooting a severely wounded Taliban insurgent on an Afghan battlefield, has ended a two-year silence with the publication…

Proposed 18 USC § 3014, Duty to Disclose Favorable Information and Commentary Many recent cases have exposed the fact that federal prosecutors, whether through negligence or by design, all too often fail to abide by their constitutional duty to disclose information favorable to the defendant. To help ensure fairness in federal criminal proceedings, the Board…

Here is an interesting post from one of my favorite sites – federalevidence.com Testimony by arresting officer from defendant’s suppression hearing (regarding what the officer saw as the only witness to the defendant’s confession to the charged crime) should not have been admitted as FRE 804(b)(1) former testimony in defendant’s subsequent drug distribution conspiracy trial;…

http://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-casehttp://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-case

Deciding what to advise an accused about deportation or sex offender registration is easy (isn’t it). But, Aguilar-Turcios v. Holder, might lead to a different conclusion. Justia.com Opinion Summary: Petitioner, a native and citizen of Honduras and a lawful permanent resident alien of the United States, petitioned for review of the Board of Immigration Appeals’…

1. None of the Supreme Court Justices Has Battle Experience, Andrew Cohen, The Atlantic. This is the first of a two-part series on the Supreme Court and the military. Today’s article focuses on the military history of the men who later became justices. Part II will focus on the disconnect between the current Court and…