November 2001

November 2001


Articles in this Issue

  1. Consequences of the Disappearing Criminal Jury Trial

    Consequences of the Disappearing Criminal Jury Trial Irwin H. Schwartz November 2001 7 A jury trial is the most basic protection for the criminal defendant. To remain the cornerstone of our adversary system, the right to a jury trial must be exercised regularly. Sadly, this right is being exercised

    Irwin H. Schwartz

  2. Controlled Substances

    Controlled Substances Peter Schoenburg, Stephen McCue November 2001 49 Apprendicitis Strikes Ninth Circuit In federal courts across the country, innovative and imaginative uses of the Supreme Court's holding in Apprendi v. New Jersey, 1 have led to an outbreak of what Northern California AFPD St

    Peter Schoenburg, Stephen McCue

  3. Faces of Innocence

    Faces of Innocence Chris Adams November 2001 12 Faces of Innocence “If statistics are any indication, the [criminal justice] system may well be allowing some innocent defendants to be executed,” declared Justice Sandra Day O'Connor. (Emphasis added.) Justice O'Connor went on to acknowledge that “

    Chris Adams

  4. Food Stamps & the Criminal Justice System

    Food Stamps & the Criminal Justice System David A. Super November 2001 20 The Food Stamp Program interacts with the criminal law system in several ways. First, criminal convictions can adversely affect the eligibility and benefit levels of otherwise eligible low-income people. Second, people can

    David A. Super

  5. Friend of the Court

    Friend of the Court Lisa Kemler November 2001 34 Upcoming Supreme Court Decisions The Supreme Court will be deciding several important cases in its fall Term. Below is a snynopis of some of these cases pending before the Court. What Factors Are Sufficient Under The “Totality of the Circumstan

    Lisa Kemler

  6. Great Moments in Courtroom History

    Great Moments in Courtroom History Charles M. Sevilla November 2001 51   The Record Is Long Play (Harry L. Jacobs, Merced, CA) Defense Counsel: Your honor, we intend to ask for own recognizance bail at this time. Could we go off the record? The Court: Yes. (Off the record) The Court:

    Charles M. Sevilla

  7. Informal Opinion: On the Meaning of Proof Beyond A Reasonable Doubt

    Informal Opinion Paul C. Engh November 2001 44   On the Meaning of Proof Beyond A Reasonable Doubt It is the most dramatic moment in law. As the defendant trembles, society's interest in his continued freedom or restraint competes for the same moment. Whether there sufficient certainty in the g

    Paul C. Engh

  8. NACDL News

    NACDL News Daniel Dodson November 2001 9 NACDL Calls for Discovery Reform, Death Penalty Moratorium in Response to Lab Fraud News In response to revelations of falsified testimony by forensic chemist Joyce Gilchrist of the Oklahoma City Police Department forensic laboratory in the case of Malcolm

    Daniel Dodson

  9. Northern Lights: The Price of Secrecy: R. v. Pan; R. v. Sawyer

    Northern Lights Steven Skurka, Leslie Pringle November 2001 37 The Price of Secrecy: R. v. Pan; R. v. Sawyer The Supreme Court of Canada recently analyzed and upheld both the common law and statutory provisions protecting the rules of secrecy which surround jury deliberations. In R. v. Pan; R. v.

    Steven Skurka and Leslie Pringle

  10. Reviews in Review: Apprendi — Guilty Pleas & Sentencing; Miranda to Dickerson

    Reviews in Review Ellen S. Podgor November 2001 52   Apprendi — Guilty Pleas & Sentencing Stephanos Bibas Judicial Fact-Finding and Sentence Enhancements in a World of Guilty Pleas 110 YALE LAW JOURNAL 1097 (2001) Legal scholarship, in the area of criminal procedure, often focuses on jury t

    Ellen S. Podgor

  11. RICO Report

    RICO Report Barry Tarlow November 2001 54 The Later Misadventures of ‘Sammy The Bull’ Budding author, former hit man, allegedly reformed gangster and star government informer Salvatore “Sammy the Bull” Gravano, a.k.a. “Sammy the Bull's-Eye,” seems to have run into a patch of bad luck. After havin

    Barry Tarlow

  12. White Collar Crime: Asserting the Fifth Amendment on a Tax Return

    White Collar Crime Kathryn Keneally November 2001 41 Asserting the Fifth Amendment on a Tax Return A tax return is a series of statements made to the government, under compulsion of law and under penalties of perjury. A statement made on a tax return may be used as evidence against the maker. Thu

    Kathryn Keneally