AREAS OF RESEARCH
Criminal Law, Criminal Procedure, Forensic Evidence
Erin Murphy’s research focuses on technology and forensic evidence in the criminal justice system. She is a nationally recognized expert in forensic DNA typing, and her work has been cited multiple times by the Supreme Court. Her book, Inside the Cell: The Dark Side of Forensic DNA, was released in October 2015 (Nation Books). Murphy is co-editor of the Modern Scientific Evidence treatise, and serves as the associate reporter for the American Law Institute's project to revise Article 213 of the Model Penal Code. She has translated her scholarly writing for more popular audiences by publishing in Scientific American, the New York Times, USA Today, Slate, the San Francisco Chronicle, and the Huffington Post, and has offered commentary for numerous media outlets, including NPR, CNN, MSNBC, and NBC Nightly News. A proud recipient of the 2012 Podell Distinguished Teaching Award, Murphy teaches criminal law and procedure, evidence, forensic evidence, and professional responsibility in the criminal context, among other courses. She clerked for Judge Merrick B. Garland on the US Court of Appeals for the DC Circuit.
This Reading Group will examine the crime of sexual assault in historical, contemporary, and prospective terms. Our readings will cover the traditional definition of rape at common law, review the state of current law, and touch upon current efforts for reform. Topics may include: the force and resistance requirement, the marital rape exemption, the definition of consent, LGBTQi and male victimization, assault against vulnerable populations (e.g. intoxicated, cognitively or physically impaired, or incarcerated persons), and child sexual assault. Given time restraints, this Reading Group will not directly address sex work, trafficking, or forms of sexual misconduct such as voyeurism or sexual harassment, nor will it look at campus standards or civil rules. Materials will focus on criminal legal standards, and situate those within the socio-cultural and gender norms of the time. Given the subject, this group will directly address contentious and sensitive topics and all students who enroll should expect to discuss these issues with respect for opposing viewpoints.
This an introductory course on the jurisprudence of substantive criminal law. It deals with the necessary conditions of blameworthiness as a precondition for criminal liability, including such topics as strict liability, negligence, causation, accomplice liability and attempts. It examines justifications and excuses, including necessity, self-defense, duress, intoxication and insanity. Because criminal law is codified, the course provides a solid introduction into reading and interpreting statutes.
Trials are often described as a competition between the opposing parties' narratives. This course examines the rules that govern how those narratives are told. Our focus will be the Federal Rules of Evidence, the Confrontation Clause, and common law, and we will consider the text, history, policies, and application of evidentiary rules. Topics will include relevance, hearsay, character evidence, and impeachment, among others.
Hybrid Teaching Notes
This course examines the ethical and moral issues that confront prosecutors and criminal defense attorneys. It assumes familiarity with the basic operation of the criminal justice system. We will examine applicable rules, guidelines, and standards in the context of the real operation of criminal practice today. Grading for the course will be a combination of class participation and completion of assigned exercises, several reflection papers, and a short final paper.
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