Articles in this Issue

1. An Ounce of Prevention

   An Ounce of Prevention Irwin H. Schwartz March 2002 7 Christmas came early for four Illinois prisoners. They were released after serving almost 15 years for a crime they never committed. At the core of their wrongful convictions were “confessions” obtained from two of the four. This stain on Lady Ju

   Irwin H. Schwartz

2. Appellate Advocacy: Uses and Limitations On Writs of Mandamus

   Appellate Advocacy G. Fred Metos March 2002 33   Uses and Limitations On Writs of Mandamus Occasionally, a trial court will make a ruling the result of which cannot be cured on appeal. If that ruling has a substantial effect on the litigation or on the operation of the courts as a whole, the ap

   G. Fred Metos

3. Death Watch

   Death Watch Chris Adams March 2002 10   Execution Is Unconstitutional for Mentally Retarded In Heck Van Tran v. Tennessee, 2001 WL 1538508, Tenn., Dec. 4, 2001, the Tennessee Supreme Court held that executing the mentally retarded is cruel and unusual punishment and is prohibited by the federal

   Chris Adams

4. Drugs and the Beautiful Body: A Guide to Defending Anabolic Steroid Cases

   Drugs and the Beautiful Body: A Guide to Defending Anabolic Steroid Cases Richard D. Collins March 2002 12 Even as Americans are beginning to question our national “War on Drugs” policy, the government is intensifying its enforcement efforts in an area that has been largely ignored: the anabolic ste

   Richard D. Collins

5. Fourth Amendment Forum: Bugging Attorneys

   Fourth Amendment Forum Milton Hirsch, David O. Markus March 2002 46 Bugging Attorneys Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillance may be conducted solely within the discretion of the Executive Branch. The Fourth Amendment does not contemplate the exec

   Milton Hirsch and David O. Markus

6. Grid & Bear It: Between Crime and Punishment: Where Might the Supreme Court Draw the Constitutio

   Grid & Bear It Mark H. Allenbaugh March 2002 35 Between Crime and Punishment: Where Might the Supreme Court Draw the Constitutional Line? Much turns on the determination that a fact is an element of an offense rather than a sentencing consideration, given that elements must be charged in the

   Mark H. Allenbaugh

7. Jury Instruction Corner: Reverse 404(b) Instructions: Using Uncharged Acts Or Misconduct To Bolster

   Jury Instruction Corner Thomas Lundy March 2002 43 Reverse 404(b) Instructions: Using Uncharged Acts Or Misconduct To Bolster the Defense The defendant's uncharged acts or crime can be a powerful weapon for the prosecution. Typically, standard cautionary and limiting instructions are available wh

   Thomas Lundy

8. Legislation

   Legislation David B. Smith March 2002 49 Liberty at Risk, Part 2; Forfeiture and Money Laundering Provisions of the USA PATRIOT Act Note: The second in a series regarding recent “antiterrorism” legislation and Executive Branch rule-making, this is the submission of the Forfeiture Abuse Committe

   David B. Smith

9. NACDL News

   NACDL News Daniel Dodson March 2002 8   NACDL Second Vice-President Scheck plays key role Press conference celebrates 100th DNA exoneration at San Diego Innocence Project conference Post-conviction DNA-testing advocates from across the country held a press conference January 18 to announce th

   Daniel Dodson

10. Public Defense

    Indigent Defense Priscilla Forsyth March 2002 52 A year ago in Las Vegas, the NACDL Indigent Defense Committee (IDC) voted to create an annual award to recognize those who work to improve indigent defense systems. The NACDL Board of Directors approved the new “Champion of Indigent Defense Award” at

    Priscilla Forsyth

11. Puzzling Out the Immigration Consequences of Various Criminal Convictions Part II

    Puzzling Out the Immigration Consequences of Various Criminal Convictions Part II Tova Indritz March 2002 20 Aggravated Felonies History of the Definition of an Aggravated Felony The term “aggravated felony” is an immigration law concept, not a criminal law concept, and it delineates the group o

    Tova Indritz

12. Reviews in Review: Death Penalty; Egelhoff Again; False Claims

    Reviews in Review Ellen S. Podgor March 2002 63 Death Penalty Phyllis L. Crocker Is The Death Penalty Good For Women? 4 BUFF. CRIM. L. REV. 917 (2001) If you are handling a death penalty case that involves an alleged rape-murder, this is an article that may prove particularly helpful to your c

    Ellen S. Podgor

13. RICO Report

    RICO Report Barry Tarlow March 2002 56   When Too Much Discovery Is Not Enough In complex cases, most prosecutors recognize that they cannot directly shirk the duty of disclosure imposed by Brady v. Maryland, 373 U.S. 83 (1963) and Rule 16. However, some have decided that if they can't suppress

    Barry Tarlow