Paul G. Cassell
Ronald N. Boyce Presidential Endowed Chair in Criminal Law
Paul G. Cassell received a B.A. (1981) and a J.D. (1984) from Stanford University, where he graduated Order of the Coif and was President of the Stanford Law Review. He clerked for then-Judge Antonin Scalia when Scalia was on the U.S. Court of Appeals for the D.C. Circuit (1984-85) and then for the Chief Justice of the United States, Warren Burger (1985-86). Cassell then served as an Associate Deputy Attorney General with the U.S. Justice Department (1986-88) and as an Assistant U.S. Attorney for the Eastern District of Virginia (1988 to 1991). Cassell joined the faculty at the College of Law in 1992, where he taught full time until he was sworn in as a U.S. District Court Judge for the District of Utah on July 2, 2002. In November 2007, he resigned his judgeship to return full time to the College of Law, to teach, write, and litigate on issues relating to crime victims' rights and criminal justice reform.
Professor Cassell teaches criminal procedure, crime victims' rights, criminal law, and related classes.
Douglas Beloof, Paul G. Cassell & Steven J. Twist, Victims in Criminal Procedure (Carolina Academic Press 3rd ed. 2010).
Paul G. Cassell, Debating the Death Penalty: The Experts From Both Sides Make Their Case, (Hugo Bedau & Paul G. Cassell eds.,Oxford University Press 2004).
Paul G. Cassell, James Marsh, and Jeremy M. Christiansen, “The Case for Full Restitution for Child Pornography Victims” Geo. Wash. L. Rev. (forthcoming 2014).
Paul G. Cassell & Nathaniel James Mitchell, Crime Victims’ Rights During Criminal Investigations? Applying the Crime Victims’ Rights Act Before Criminal Charges Are Filed J. Crim. L. Criminology (forthcoming 2014).
Paul G. Cassell, The Victims' Rights Amendment: A Sympathetic, Clause-By-Clause Analysis of the Proposal, 5 Phoenix L. Rev. 301 (2012) (lead symposium article).
Paul G. Cassell, Freeing the Guilty Without Protecting the Innocent: Some Skeptical Observations on Proposed New ‘Innocence' Procedures, 56 N.Y.L. Sch. L. Rev. 1063 (2012).
Paul G. Cassell & Edna Erez, Victim Impact Statements and Ancillary Harm: The American Perspective, 15 Canadian Crim. L. Rev. 149 (2011).
Paul G. Cassell & Steven Joffee, The Crime Victims' Expanding Role in a System of Public Prosecution: A Response to the Crime Victims' Rights Act, 105 Nw. U. L. Rev.: Colloquy 164 (2011).
Paul G. Cassell & Erik Luna, Mandatory Minimalism, 32 Cardozo L. Rev. 1 (2010).
Paul G. Cassell, Judicial Discretion: A Look Forward and a Look Back Five Years After ‘Booker,' 22 Fed. Sent'g Rep. 297 (June 2010) (symposium organizer & participant).
Paul G. Cassell, Protecting Crime Victims in Federal Appellate Courts: The Need to Broadly Construe the Crime Victims' Rights Act's Mandamus Provision, 87 Denv. U. L. Rev. 599 (2010).
Paul G. Cassell, In Defense of Victim Impact Statements, 6 Ohio St. J. Crim. L. 611 (2009).
Paul G. Cassell & Joshua K. Marquis, What's Wrong with Democracy? A Critique of ‘The Supreme Court and the Politics of Death,' 94 Va. L. Rev. In Brief 65 (2008).
Paul G. Cassell, Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure, 2007 Utah L. Rev. 861 (2007).
Paul G. Cassell, Crime Shouldn't Pay: A Proposal to Create an Effective and Constitutional Federal Anti-Profiting Statute, 19 Fed. Sent'g Rep. 119 (2006).
Paul G. Cassell, Recognizing Victims in the Federal Rules of Criminal Procedure: Amendments in Light of the Crime Victims' Rights Act, 2005 BYU L. Rev. 835 (2005).
Douglas Beloof & Paul G. Cassell, The Victim's Right to Attend the Trial: The Reascendant National Consensus, 9 Lewis & Clark L. Rev. 481 (2005).
Paul G. Cassell, Too Severe? A Defense of the Federal Sentencing Guidelines (And a Critique of the Federal Mandatory Minimums), 56 Stan. L. Rev. 1017 (2004).
Paul G. Cassell, The Paths Not Taken: A Critique of the Supreme Court's Decision in ‘Dickerson,' 99 Mich. L. Rev. 898 (2001).
Paul G. Cassell, The Statute that Time Forgot: 18 U.S.C. § 3501 and the Overhauling of ‘Miranda,' 85 Iowa L. Rev. 175 (1999).
Paul G. Cassell, Barbarians at the Gates: A Reply to the Critics of the Victims' Rights Amendment, 1999 Utah L. Rev. 479 (1999).
Paul G. Cassell, The Guilty and the ‘Innocent': An Examination of Alleged Cases of Wrongful Conviction from False Confessions, 22 Harv. J. L. & Pub. Pol'y 523 (1999).
Paul G. Cassell & Richard Fowles, Handcuffing the Cops? A Thirty Year Perspective on ‘Miranda's' Effects on Law Enforcement, 50 Stan. L. Rev. 1055 (1998).
Paul G. Cassell & Richard Fowles, Declining Clearance Rates After ‘Miranda': Coincidence or Consequence?, 50 Stan. L. Rev. 1181 (1998).
Paul G. Cassell, Protecting the Innocent from False Confessions and Lost Confessions-And from ‘Miranda,' 88 J. Crim. L. & Criminology 497 (1998).
Paul G. Cassell & Bret Hayman, Police Interrogation in the 1990s: An Empirical Study of the Effects of 'Miranda,' 42 UCLA L. Rev. 839 (1996).
Paul G. Cassell, All Benefits, No Costs: The Grand Illusion of ‘Miranda's' Defenders, 90 Nw U. L. Rev. 1084 (1996).
Paul G. Cassell, ‘Miranda's' Social Costs: An Empirical Reassessment, 90 Nw U. L. Rev. 387 (1996).
Paul G. Cassell, Balancing the Scales of Justice: The Case for the Effects of Utah's Victims' Rights Amendment, 1994 Utah L. Rev. 1373 (1994).
Paul G. Cassell & Stephen J. Markman, Protecting the Innocent: A Response to the Bedan-Radelet Study, 41 Stan. L. Rev. 121 (1988).
Paul G. Cassell, Restrictions on Press Coverage of Military Operations: The Right of Access, Grenada, and ‘Off the Record' Wars, 73 Geo. L. J. 931 (1985).
Notable Pro Bono Decisions Obtained
Protecting Crime Victims' Rights in the Federal Sentencing Process: Testimony before the U.S. Sentencing Commission (Oct. 20, 2009) (Denver, Colo.).
Improving Restitution in Federal Criminal Cases: Testimony before the Crime, Terrorism, and Homeland Security Subcomm. of the H. Judiciary Comm. (Apr. 3, 2008) (Washington, D.C.).
Mandatory Minimum Sentencing Practices: Testimony before the Crime, Terrorism, and Homeland Security Subcomm. of the H. Judiciary Comm. (June 26, 2007) (Washington, D.C.).
Federal Sentencing Practices: Testimony before the Crime Subcomm. of the H. Judiciary Comm., Mar. 16, 2006 (Washington, D.C.) (Washington, D.C.).
Booker's Impact on Federal Sentencing: Testimony before the U.S. Sentencing Comm. (Feb. 15, 2005) (Washington, D.C.).
The Severity of the Federal Sentencing Guidelines: Testimony before the ABA Kennedy Comm. (Nov. 13, 2003) (Washington, D.C.).
The Justice Department's Failure to Enforce 18 U.S.C. § 3501: Testimony before the Subcomm. on Criminal Justice Oversight of the S. Judiciary Comm. (May 13, 1999) (Washington, D.C.).
A Response to the Critics of the Victims' Rights Amendment: Testimony before the S. Judiciary Comm. (Mar. 24, 1999) (Washington, D.C.).
The Victims' Rights Amendment: Testimony before the S. Judiciary Comm. (Apr. 28, 1998) (Washington, D.C.).
A Constitutional Amendment Protecting the Rights of Crime Victims: Testimony before the S. Judiciary Comm. (Apr. 16, 1997) (Washington, D.C.).
The Victims' Bill of Rights Amendment: Testimony before the S. Judiciary Comm. (Apr. 23, 1996) (Washington, D.C.).
The Performance of the Solicitor General's Office in Criminal Cases: Testimony before the S. Judiciary Comm. (Nov. 14, 1995) (Washington, D.C.).
Reforming the Miranda Rules in Federal Courts: Testimony before the S. Judiciary Comm. (Mar. 7, 1995) (Washington, D.C.).
Expert Testimony on False Confessions in State v. Morales, No. 31-342 (Laramie County District Court, Wyoming 2013) (admissibility hearing; testimony of defendant’s expert Richard Ofshe excluded based, in part, on my testimony).
Expert Testimony on False Confessions in Caine v. Burge et al. (U.S. Dist. Ct. N.D. Ill. 2013) (provided expert report).
Expert Testimony on False Confessions in People v. Thomas, No. 08-1074 (Super. Ct. County of Rensselaer, NY) (admissibility hearing; testimony of defendant's expert Richard Ofshe excluded based, in part, on my testimony).
Frequent consultant to Attorney's General's Offices, prosecutors, crime victims, and defense attorneys about criminal justice issues, including crime victims' rights, police questioning and false confessions, and death penalty procedures.
Notable Judicial Opinions
United States v. Planells-Guerra, 509 F. Supp. 2d 1000 (D. Utah 2007) (finding that good faith exception to the exclusionary rule extends to warrantless searches).
United States v. Wilson, 350 F. Supp. 2d 910 (D. Utah 2005) (Sentencing Guidelines should be given heavy weight after Booker; first opinion in the nation interpreting Booker).
United States v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004) (finding mandatory 55-year sentence just, cruel and irrational but nonetheless constitutional).
Benson v. United Brotherhood of Carpenters and Joiners, 337 F. Supp. 2d 1275 (D. Utah 2004) (rejecting NLRB's efforts to enjoin union's display of banners).
Doctor John's, Inc. v. City of Roy, 333 F. Supp. 2d 1168 (D. Utah 2004) (rejecting constitutional challenges to sexually oriented business ordinances).
United States v. Croxford, 324 F. Supp. 2d 1230 (D. Utah 2004) (first opinion in the country finding federal sentencing guidelines unconstitutional).
Parker v. Olympus Health Care, Inc., 264 F. Supp. 2d 998 (D. Utah 2003) (affirming jury verdict of $2.5 million in sexual harassment case).
Op Ed Pieces
Public Defenders Fall to the Sequester, Wall St. J., Aug 20, 2013, at A-9 (Co-author with Nancy Gertner)
Crime's, Courts and Cures: Reviewing The Collapse of American Criminal Justice, Wall St. J., Oct. 26, 2011, at A13.
Take Technicality out of Miranda, L.A. Times, Dec. 6, 1999, at B7.
Sentence Structure, Wall St. J., Oct. 20, 1998, at A16 (reviewing Fear of Justice).
True Confessions: Miranda's Hidden Costs, Nat'l Rev., Dec. 25, 1995, at 30 (co-author with Steve Markman).
How Many Criminals Has Miranda Set Free?, Wall St. J., Mar. 1, 1995, at A17.
Selected Talks and Presentations
Child Pornography and Federal Restitution Laws, Presentation to University of Chicago Law School Class on Pornography and Society, May 13, 2013 (Chicago, IL)
Restitution Laws and Litigation: The State of the Nation, Presentation to the Annual Meeting of the National Assoc. of Crime Victim Compensation Boards, April 9, 2013.
Defining ‘Victims' of Environmental Crimes, Greenbag Presentation to the Wallace Stegner Center, S.J. Quinney College of Law, Nov. 2012
Who is a Victim for Victim’s Rights Enforcement, Presentation to NCVLI’s 11th Annual Crime Victim Law Conference, Portland, OR, June 2012
Strategic Litigation of Crime Victims' Rights: "Test Cases", Presentation to NCVLI's 10th Annual Crime Victim Law Conference, Portland, OR, June 2011
A Public Safety Exception to Miranda for Questioning Terrorism Suspects?, Debate Against Professor Guoira (podcast by the Federalist Society, followup debate on March 31, 2011), Salt Lake City, UT, Feb. 2011
Innocence Procedures: Some Questions, Concerns, and Alternative Proposals, Symposium Presentation at New York Law School, New York, NY, Nov. 2010
Arguing and Securing Restitution, Presentation to the 36th Annual National Conference of the National Organization for Victim Assistance, Aug. 2010
New Developments in Restitution Law and 'Victims’ Rights in Plea Bargains, Presentations to the Annual National Conference of the National Crime Victim Law Institute, Portland, OR, June 2010
Expert Witness in the Mock Trial of The Queen v. The United States Death Penalty, Program Sponsored by Amicus in the Emmanuel Centre, London, UK, Mar. 2010
The U.S. Supreme Court at Mid-Term, Conference at Stanford Law School, Palo Alto, CA, Feb.2010
Strategic Crime Victims Litigation, Presentation to the 8th Annual National Conference of the National Crime Victim’s Law Institution, Portland, OR, July 2009
A Look Back at the Year in Federal Victim's Rights Law, Keynote Address to the 8th Annual National Conference of the National Crime Victim's Law Institute, June 30, 2009 (Portland, OR)
Crime Victims’ Rights: Emerging Issues in Federal and Oregon Courts, CLE Program for the National Crime Victim’s Law Institute, Portland, OR, April 2009
The Crime Victims' Rights Movement: A Look Backward, A Look Forward, Keynote Address for the 2009 National Crime Victims' Rights Week Commemoration Ceremony Sponsored by the Oregon Department of Justice, Apr. 28, 2009 (Portland, OR)
Important Principles of Crime Victims' Rights Law, Training Session for Victims' Rights Advocates Sponsored by the U.S. Dept. of Justice Office for Victims of Crime, Oct. 30, 2008 (Charleston, SC)
The Legal Legacy of the Bush Administration, Presentation to the College of William and Mary School of Law, Institute of Bill of Rights Law Annual Preview, Sept. 27, 2008 (Williamsburg, VA)
The Crime Victims' Rights Amendment, Presentation to the Federal Judicial Conference's Annual Sentencing Institute, June 25, 2008 (Long Beach, CA)
Crime Victims' Rights: The View from Behind the Bench and In Front of the Bench, Keynote Address to the 7th Annual National Conference of the National Crime Victim Law Institute, May 31, 2008 (Portland, OR)
Emerging Issues in Crime Victims' Law, Remarks to the National District Attorney's Training Conference, Apr. 21, 2008 (Chicago, IL)
In Defense of Victim Impact Statements, The Nineteenth Annual Walter C. Reckless-Simon Dinitz Memorial Lecture, Ohio State University, Apr. 7, 2008 (Columbus, OH)
A New Initiative to Protect Victims' Rights in California, Presentation at Stanford Law School, Jan. 25, 2008 (Palo Alto, CA)
Mandatory Minimums and the Crack/Powder Sentencing Disparity, Presentation at Stanford Law School, Sept. 6, 2007 (Palo Alto, CA)
American Sentencing Guidelines in Operation and Practice, Presentation to the State Duma Committee on Constitutional Legislation, Oct. 13, 2005 (Moscow, Russia)
The Effects of Booker on Federal Sentencing, Panel Discussion for the 2005 National Sentencing Policy Institute, July 11, 2005 (Washington, D.C.)
Recognizing Victims in the Federal Rules of Criminal Procedure, Speech to the Annual Training Conference of the National Crime Victims Law Institute, June 17, 2005 (Portland, OR)
Sentencing After Booker, Panel Presentation for the Sentencing Commission's Annual Conference on Sentence, May 26, 2005 (San Francisco, CA)
Separation of Powers and the American Judicial System, Presentation to the Kharkiv National Law Academy, Mar. 30, 2005 (Kharkiv, Ukraine)
The Victim's Right to Attend Trials: The Re-Emerging National Consensus, Lewis and Clark Law Review Symposium, Mar. 11, 2005 (Portland, OR)
The Sentencing Guidelines After Booker, Presentation to the ABA's Annual White Collar Crime Convention, Mar. 3, 2005 (Las Vegas, NV)
The Effects of Booker v. United States, Presentation to the ABA National Convention, Criminal Justice Section, Feb. 11, 2005 (Salt Lake City, UT)
The Effects of Blakely V. Washington, Presentation to the Federal Judiciary Center's National Workshop for District Judges, Sept. 20, 2004 (Seattle, WA)
Downward Departures after the PROTECT Act, Presentation to the Annual National Seminar on the Federal Sentencing Guidelines, May 20, 2004 (Miami, FL)
Federal Sentencing Practices, Stanford Law Review Symposium, Feb. 20, 2004 (Palo Alto, CA)
Discussion on the U.S. Supreme Court by Justices Antonin Scalia and Stephen Breyer, Moderator, Tenth Circuit Judicial Conference, Sept. 5, 2003 (Jackson, WY)
The Death Penalty, 2001 Oxford-Annenberg Debate, City University of New York, June 14, 2001, (New York, NY)
Member, Utah Bar
Special Counsel, National Crime Victims Law Institute
Special Counsel, Utah Council on Victims of Crime