March 2011

March 2011 Cover

Turn to The Champion for the exchange of ideas and practice tips from the best defenders in the nation.

 

Articles in this Issue

  1. Affiliate News

    Affiliate News Gerald Lippert March 2011 23 RIACDL Participates in Eyewitness ID Task Force Representatives of the Rhode Island Association of Criminal Defense Lawyers (RIACDL) recently participated in a statutorily created “Task Force to Identify & Recommend Policies & Proced

  2. Basic Legal Issues in Handling the Cases of Deaf Defendants

    Basic Legal Issues in Handling the Cases of Deaf Defendants McCay Vernon; Jean Andrews March 2011 30   Deaf clients represent a small minority of defendants in criminal cases. Thus, attorneys and judges often have little knowledge of the unique legal problems deaf1 individuals pose when inv

  3. Book Reviews: Raised by the Courts and Challenges to Fingerprints

    Robert Batey and Judith A.M. Scully review Irene Sullivan's Raised by the Courts: One Judge’s Insight Into Juvenile Justice and Rafael E. Silva reviews Lyn Haber and Ralph Norman Haber's Challenges to Fingerprints.

  4. Building the Persuasive Case for Innocence

    Building the Persuasive Case for Innocence Ann M. Roan March 2011 18   I. History Criminal defense in the United States is anchored by a quartet of constitutional rights: the requirement of proof by the government beyond a reasonable doubt of each element of the charged offenses; the pre

  5. From the President: Unconstitutional Policies Coming Around Again

    Unconstitutional Policies Coming Around Again Jim E. Lavine March 2011 5 On March 7, 2011, President Obama issued an executive order directing the secretary of defense to resume military commission prosecutions at Guantánamo Bay, Cuba, and institutionalizing a regime of indefinite detention

  6. Heartstrings or Heartburn: A Federal Judge’s Musings On Defendants’ Right and Rite of Allocution

    Heartstrings or Heartburn: A Federal Judge’s Musings On Defendants’ Right and Rite of Allocution Mark W. Bennett March 2011 26 Sentencing is, for me, and I believe most of my colleagues, the most daunting task we perform as federal district court judges. Depriving individuals of their liberty

  7. Limited Resources May Present Unlimited Opportunities for Reform (Inside NACDL)

    Limited Resources May Present Unlimited Opportunities for Reform Norman L. Reimer March 2011 9 State legislatures throughout the nation convened early this year to face monumental budget shortfalls. This inevitable result of a long and deep recession has extracted a heavy toll on state coffers

  8. NACDL News

    NACDL News Jack King; Ivan Dominguez March 2011 12 Illinois Abolishes Death Penalty On March 9, 2011, in response to the governor’s signing of legislation that will eliminate the death penalty in Illinois for state crimes, NACDL President Jim E. Lavine issued the following statement of thanks

  9. Overwhelming Problems Confront an Underwhelming System: Reforming American Criminal Justice

    Overwhelming Problems Confront an Underwhelming System: Reforming American Criminal Justice Adam Diamond March 2011 56 In undergraduate and graduate classes across the country, students learn that two major purposes of the criminal justice system are to rehabilitate offenders to become positiv

  10. Red Hot Chili Pepper: An Individualized Sentencing Encore

    Red Hot Chili Pepper: An Individualized Sentencing Encore

  11. Sixth Circuit: SCA Unconstitutional to Extent It Permits Warrantless Seizure of Emails From ISP

    Sixth Circuit: SCA Unconstitutional to Extent It Permits Warrantless Seizure of Emails From ISP Martin G. Weinberg; Robert M. Goldstein March 2011 46 In the August 2007 issue of The Champion, we authored an article contending that the government’s use of the Stored Communications Act 1 (SCA)

  12. State Criminal Justice Network Legislative Update

    STATE CRIMINAL JUSTICE NETWORK LEGISLATIVE UPDATE Angelyn C Frazer; Adam Diamond March 2011 49 The day-to-day work of state-level criminal justice reform is supported by committed individuals and organizations including lawyers, judges, advocates, formerly incarcerated individuals, policymaker