May 2002

May 2002


Articles in this Issue

  1. Capital Cases: ‘Children’ of Death Row

    Capital Cases John H. Blume, Pamela Blume Leonard May 2002 58 Authors' Note: This article is meant to supplement two previous articles, The Elements of a Competent and Reliable Mental Health Examination, 1 which describes the process for acquiring an accurate assessment of a client's mental condi

  2. Death Watch

    Death Watch Gail Evans May 2002 10   Representing Terry Clark I am meeting Terry Clark for the first time. I am nervous. We shake hands as he enters the room. He keeps his sunglasses on, sitting across a table. He tells me he wants to die “ASAP.” I am tense and he knows it. I tell him I am agai

  3. Evidentiary Voir Dire

    Evidentiary Voir Dire Thomas F. Liotti May 2002 26 Evidentiary voir dire sounds lofty and aloof. In trial practice, it is occasionally utilized in a perfunctory manner, but it is a vital trial tool that may be used in pre-trial hearings and during trial. Generally speaking, evidentiary voir dire may

  4. Fourth Amendment Forum: United States v. Arvizu: the adjective as jurisprudence

    Fourth Amendment Forum Milton Hirsch, David O. Markus May 2002 31 United States v. Arvizu: the adjective as jurisprudence You are free to drive past police vehicles so long as you do not “appear [] stiff,” and provided that your “posture [is not] very rigid.” [FN1] Stiffness and rigidity (of post

  5. From the President: Volunteers — NACDL's heart and soul

    From the President Irwin H. Schwartz May 2002 4   Volunteers — NACDL's heart and soul The heart and soul of this organization are many members who volunteer their time for the good of the profession and country as well their fellow members. Most of what we accomplish results from the efforts of

  6. Grid & Bear It: Calculation of loss under the new fraud and theft guideline

    Grid & Bear It John D. Cline May 2002 44   Calculation of loss under the new fraud and theft guideline The Federal Sentencing Commission's economic crime amendments — effective November 1, 2001 — consolidate the fraud and theft guidelines (former § 2B1.1 and 2F1.1) into a unified § 2B1.1,

  7. Jury Instruction Corner: Argument v. Instruction: Keeping each in its place

    Jury Instruction Corner Thomas Lundy May 2002 29   Argument v. Instruction: Keeping each in its place Instruction of the jury by the court and argument to the jury by counsel are two distinct phases of trial, each with its own purpose and impact. On a conceptual level, these functions are not i

  8. NACDL News

    NACDL News Daniel Dodson May 2002 6   Congress should change HUD eviction law Eviction of innocents for others' actions violates principles of fairness The National Association of Criminal Defense Lawyers announced that it will seek Congressional legislation to remedy the U.S. Supreme Court

  9. Public Defense: News Briefs

    Indigent Defense Kate Jones May 2002 34   News Briefs Alabama lawyers earn victory on court-appointed fees In mid-February, Governor Don Siegelman stopped paying overhead expenses to court-appointed attorneys in Alabama. Overhead expenses have been routinely included in assigned counsel fees

  10. Reining in the Mail Fraud Statute

    Reining in the Mail Fraud Statute Paul Mogin May 2002 12 In his 15 years as Chief Justice, William Rehnquist has promoted a re-examination of federalism and has presided over a major shift of power to the States, through new interpretations of the Constitution. Under Rehnquist's leadership, the Supr

  11. Reviews in Review: Corporate compliance; Judicial appointments; Attorney fees in criminal cases

    Reviews in Review Ellen S. Podgor May 2002 52   Corporate compliance H. Lowell Brown The Corporate Director's Compliance Oversight Responsibility in the Post Caremark Era 26 THE DEL. J. CORP. L. 1 (2001) In re Caremark was a monumental decision that has had a dramatic affect on to those practic

  12. RICO Report

    RICO Report Barry Tarlow May 2002 36   Fee forfeiture: getting it up front may not mean you get it in the end Stephen Saccoccia and his wife Donna had a very lucrative business in the coin and precious metals trading industry. The government, however, concluded that their lucre was generated by

  13. Using the Defense of Entrapment by Estoppel

    Using the Defense of Entrapment by Estoppel Michael S. Pasano, Walter J. Taché, Thierry Olivier Desmet May 2002 20 The defense of entrapment by estoppel imposes limitations upon governmental action so as to protect a criminal defendant in situations where a governmental official leads the defendant