March 2001

March 2001


Articles in this Issue

  1. Book Reviews: Legal Alchemy (Faigman) and Hidden Evidence (Owen)

    Book Reviews Various Authors March 2001 66   Legal Alchemy: The Use and Misuse of Science in the Law By Professor David L. Faigman W.H. Freeman Company (1999); $24.95, Hardcover Reviewed by Ed Imwinkelried David L. Faigman is a professor of law at the University of California, Hastings School o

    Various Authors

  2. Cross-Examination in Capital Cases

    Cross-Examination in Capital Cases Stephen P. Lindsay March 2001 24 “Cross-examination” is a pond chock full of hungry alligators. The object is to get from one side of the pond to the other. The task is to wade in carefully. Don't tick off the alligators until you get very close to the other side.

    Stephen P. Lindsay

  3. Cultural Factors in Motions to Suppress

    Cultural Factors in Motions to Suppress James G. Connell, III, Rene L. Valladares March 2001 18 Cultural issues can permeate every aspect of a criminal case. From the first meeting with the client, through trial, sentencing, and appeal, the defense of a client from another culture poses unique probl

    James G. Connell, III, Rene L. Valladares

  4. Death Watch

    Death Watch Chris Adams March 2001 11 Electrocution Electrocution is cruel and unusual punishment violating the Georgia and United States Constitutions. This is the January holding of an Atlanta trial court judge, Wendy Shoob, who outlawed the use of electrocution in a pending death penalty case.

    Chris Adams

  5. Fourth Amendment Forum: Stop, in the Name of Drugs: City of Indianapolis v. Edmond

    Fourth Amendment Forum Milton Hirsch, David O. Markus March 2001 41 Stop, in the Name of Drugs: City of Indianapolis v. Edmond Imagine if the government set up a metal detector outside each person's home and required the person to step through it whenever he entered or left, in order to determine

    Milton Hirsch and David O. Markus

  6. Grid & Bear It: Proposed Sentencing Guidelines Amendments

    Grid & Bear It Thomas W. Hutchison, Janet G. Hinton March 2001 29 Proposed Sentencing Guidelines Amendments The United States Sentencing Commission has published two sets of proposed amendments to the Guidelines Manual, totaling some 28 proposed amendments in all. The first set of amendme

    Thomas W. Hutchison and Janet G. Hinton

  7. Jury Instruction Corner: Inept Police Work Impacts Prosecution's Evidence

    Jury Instruction Corner Thomas Lundy March 2001 39 Inept Police Work Impacts Prosecution's Evidence As the Supreme Court noted in Kyles v. Whitley (1995) 514 US 419 [131 L.Ed. 2d 490, 115 S. Ct. 1555] “when ... the probative force of evidence depends on the circumstances in which it was obtained

    Thomas Lundy

  8. Legislation

    Legislation Kyle O'Dowd March 2001 47 The 107th Congress: A Look Ahead, A Call to Action I have come to the conclusion that politics is too serious a matter to be left to the politicians. Charles de Gaulle New President, new Congress, new Attorney General — the effect this new political lan

    Kyle O'Dowd

  9. NACDL News

    NACDL News Tova Indritz March 2001 8   Window Now Open for Some Aliens to Avoid Deportation Non-U.S. citizens who meet specific criteria may be granted deportation relief if they apply for it by June 23, 2001. To be eligible, the alien must have been in deportation proceedings prior to the Apri

    Tova Indritz

  10. Public Defense: New York Court Issues Key Decision on Standing in NYCLA v. Pataki

    Indigent Defense Kate Jones; Susan J. Walsh March 2001 45 New York Court Issues Key Decision on Standing in NYCLA v. Pataki Decades before Gideon's clarion call, New York was providing free counsel to the indigent accused. As early as 1928, the organized bar had formed a voluntary “Defender's Com

    Kate Jones and Susan J. Walsh

  11. Reviews in Review: Consent - Traffic Stops; Crime-Fraud Exception; Exclusionary Rule

    Reviews in Review Ellen S. Podgor March 2001 71   Consent - Traffic Stops Christo Lassiter Eliminating Consent From the Lexicon of Traffic Interrogations 27 CAPITAL UNIVERSITY LAW REVIEW 79 (1998) A way to obtain more protection than provided by the present interpretations of the federal Fourth

    Ellen S. Podgor

  12. RICO Report

    RICO Report Barry Tarlow March 2001 49 Apprendi and CCE Apprendi v. New Jersey, 120 S. Ct. 2348 (2000), did not merely hold that defendants were entitled to jury findings on factual issues that would increase a sentence. Far more significantly, it embraced a revolutionary way of evaluating the ri

    Barry Tarlow

  13. Sex Offender Registration

    Sex Offender Registration Edward A. Mallett March 2001 7 First they came for the Communists and I didn't speak up, because I wasn't a Communist. Rev. Martin Niemoller (1945) In Texas, the repressive sex offender statutes, passed after the 1993 kidnaping and murder of seven-year-old Ashley

    Edward A. Mallett