Seventh Circuit Week in Review: A Lawful Stop, But Just Barely

There is not much to report from the Seventh Circuit front this week.  The court issued only one new opinion in a criminal case, and it was not one that broke any new legal ground.  In United States v. Brewer (No. 08-3257), the defendant was convicted of unlawfully possessing a firearm.  A police officer responding to a call about gunfire in an apartment complex saw Brewer driving away from the complex.  Brewer’s car was stopped on that basis, resulting in discovery of the incriminating weapon.  On appeal, Brewer argued that the gun should have been suppressed because the underlying stop was unconstitutional.  The court (per Judge Posner) agreed that it was at least a close call (“the case is on the line between reasonable suspicion and pure hunch”), but ultimately determined that the “unusual circumstances” of the case met the test for reasonability.

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Sex Crimes Issue of Federal Sentencing Reporter

I’ve worked for almost a year on the new issue of the Federal Sentencing Reporter, which covers recent developments in the punishment and management of sex offenders.  My copies arrived in the mail yesterday.  (I have a few extras, which I would be happy to distribute free of charge; just send me an email if interested.)  My introductory essay is available on SSRN.  Here is a summary of the other articles:

Sex Offender Treatment: Reconciling Criminal Justice Priorities and Therapeutic Goals

Professors Mary Ann Farkas and Gale Miller of the Marquette University Department of Social and Cultural Sciences identify important tensions in the therapist’s role when sex offenders are required to undergo treatment by the criminal justice system.  “Divided loyalties may arise,” they argue, “when treatment professionals feel a conflict between their professional responsibility to facilitate client change and their legal/criminal justice responsibilities.”  For instance, if an offender tells his therapist about a previously undisclosed offense, the therapist may be obliged to report the offense for possible prosecution.  Likewise, the therapist’s ability to sanction clients for noncompliance with the treatment program also puts therapists into a more punitive and less therapeutic role.  In light of such concerns, the authors call for treatment providers to modify their programs in various ways when they serve “involuntary” clients.

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April Blog Features

Welcome to April.  The new Faculty Blogger of the Month is Michael McChrystal.  The new Alum Blogger of the Month is Julie Darnieder.  And the new Student Blogger of the Month is Sean Samis.  Many thanks to our great featured bloggers for March: Andrea Schneider, Mike Zimmer, and Chris King.

The Question of the Month is: What was your most useful or enjoyable extracurricular activity in law school?

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