January/February 2002

January/February 2002

 

Articles in this Issue

  1. Behind Closed Doors: Sixth Circuit Allows Government To Obtain Untimely Indictment To Satisfy Appren

    Behind Closed Doors Thomas K. Maher, Christopher Fialko January/February 2002 45   Sixth Circuit Allows Government To Obtain Untimely Indictment To Satisfy Apprendi In August 2000, Nicholas Garcia and John O'Valle were named in a superseding indictment for conspiring to distribute in excess of

  2. Book Review: Forensic Evidence: Science and the Criminal Law

    Book Review Gil I. Sapir January/February 2002 44   Forensic Evidence: Science and the Criminal Law By Terrence F. Kiely CRC Press LLc, Boca Raton, FL (2001) 368 Pages, $69.95 (Hardcover) Reviewed by Gil I. Sapir The premise of Forensic Evidence: Science and the Criminal Law is that for att

  3. Death Watch

    Death Watch Chris Adams January/February 2002 10 Justice and Military Tribunals? “Naive and wrongheaded.” That is what Georgia Senator Zell Miller (D-GA), in an op-ed piece in the Atlanta Journal-Constitution, call civil libertarians who question the need for secret military tribunals. After t

  4. Friend of the Court

    Friend of the Court Lisa Kemler January/February 2002 35 Current Cases Below is a synopsis of a number of cases in which NACDL either has filed or intends to file amicus briefs in the United States Supreme Court, as well as in other appellate courts. Whether the “Special Needs” Exception to t

  5. I'll Never Forget That Face

    I'll Never Forget That Face David L. Feige January/February 2002 28 Eyewitness identification is the dirty little secret of the criminal justice system. It comes as no surprise that mistaken identification is a leading cause of unjust incarceration. What is a surprise is that simple changes in the w

  6. Legislation

    Legislation Gerald B. Lefcourt, Leslie Hagin, Kyle O'Dowd January/February 2002 62 Liberty at Risk, Part I; An Overview of Recent ‘Antiterrorism’ Measures History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. (Skin

  7. NACDL News

    NACDL News Daniel Dodson January/Fedruary 2002 8   Wen Ho Lee judge commended; New Mexico governor addresses lunch Overreaching by the government is nothing new to most criminal defense lawyers. Seeing a judge note the overreaching is more rare. Seeing a judge speak out against it, in open cour

  8. Northern Lights: The Inquiry into the Wrongful Conviction of Thomas Sophonow

    Northern Lights Steven Skurka, Leslie Pringle, Elsa Renzella January/February 2002 37 The Inquiry into the Wrongful Conviction of Thomas Sophonow On December 23, 1981, Barbara Stoppel, a young beautiful woman was murdered while working the evening shift of a local donut shop in the Canadian city

  9. Public Defense: When Fear Threatens Freedom

    Indigent Defense Erin Murphy January/February 2002 33   When Fear Threatens Freedom A few days after September 11, as the reverberations from that day still rattled the nerves of the nation, I was walking to court with a colleague, imagining that one of the planes had been saved by the passenge

  10. Puzzling Consequences of Criminal Immigration Cases Part I

    Puzzling Consequences of Criminal Immigration Cases Tova Indritz January/February 2002 12 Any resolution of a criminal case, state or federal, felony or misdemeanor, short of an acquittal, may have collateral immigration consequences to a client who is not a U.S. citizen. For that client, a criminal

  11. Reasons to be Proud

    Reasons to be Proud Irwin H. Schwartz January/February 2002 7 Where were you when ...? To my parents' generation the reference is to the day Pearl Harbor was bombed. To my generation the reference is to the day John F. Kennedy was killed. And now we ask the same question about September 11, 2001. Wh

  12. Reviews in Review: Due Process; Problem Solving and Community Justice Defenders; Religion In Death P

    Reviews in Review Ellen S. Podgor January/February 2002 60   Due Process Jerold H. Israel Free-Standing Due Process and Criminal Procedure: The Supreme Court's Search for Interpretive Guidelines 45 SAINT LOUIS UNIVERSITY LAW JOURNAL 303 (2001) This wonderful article provides a comprehensive rev

  13. RICO Report

    RICO Report Barry Tarlow January/February 2002 52   Grand Jury Misconduct — A Window of Opportunity Anyone analyzing the issue of prosecutorial misconduct before the grand jury realizes that, at least in theory, the law is extremely unfavorable to the defense. Anyone litigating a motion to dism

  14. Supporting a Defendant's Rights Under the Vienna Convention on Consular Relations

    Supporting a Defendant's Rights Under the Vienna Convention on Consular Relations Anne Branstad; Speedy Rice January/February 2002 22 The Vienna Convention on Consular Relations requires that foreign nationals, upon arrest, be promptly informed of their right to contact consulates of their home coun

  15. White Collar Crime

    White Collar Crime Kathryn Keneally January/February 2002 49   Second Circuit Fails To Recognize the Right to Timely Disclosure of Impeachment Materials Over the last few years, the right to receive impeachment material sufficiently in advance of trial to prepare the defense was recognized in a