October 2000

October 2000

 

Articles in this Issue

  1. An Apprendi Primer: On the Virtues of a “Doubting Thomas”

    An Apprendi Primer: On the Virtues of a “Doubting Thomas” Jon M. Sands, Steven G. Kalar October 2000 18 Apprendi v. New Jersey - to the surprise of many, but not to Justice Thomas - announced a “watershed change in constitutional law.” 1 The ripples of this recent Supreme Court decision are now bei

  2. Appellate Advocacy: Failing To File the Notice of Appeal: Ethical and Constitutional Considerations

    Appellate Advocacy G. Fred Metos October 2000 52   Failing To File the Notice of Appeal: Ethical and Constitutional Considerations Other than losing at trial, the first requirement in taking an appeal is to file a notice of appeal with the trial court. Failure to do that in a timely manner wil

  3. Death Watch

    Death Watch NACDL Staff October 2000 12 Increasing Agitation for Moratorium and Abolition Whether in response to continued documentation of innocent individuals sentenced to death, concern that the death penalty is applied in a discriminatory manner against the poor and people of color, or for ot

  4. Environmental Crime

    Environmental Crime David Gerger October 2000 34 As the government increases its criminal enforcement of complex and obscure environmental laws, this article analyzes two safeguards against unfair prosecution: (1) the “fair notice” doctrine, which forbids criminal prosecution of vague and ambiguous

  5. In Open Court

    In Open Court David Rudolf, Gordon Widenhouse October 2000 46 Preserving Objections and Litigating Privileges: Recent Supreme Court Pronouncements As its Term wound to completion, and overshadowed by the reaffirmance of Miranda and the potential watershed Apprendi decision, the United States Supr

  6. Jury Instruction Corner: Flight Evidence and Jury Instructions: Ideas for Clipping the Prosecution&#

    Jury Instruction Corner Thomas Lundy October 2000 41 Flight Evidence and Jury Instructions: Ideas for Clipping the Prosecution's Wings The decision in Illinois v. Wardlow (1/12/00, No. 98-1036) ___ US ___], although it was in the context of a detention issue, illustrates the crucial role evidence

  7. Law Office Management

    Law Office Management Mary E. Conn October 2000 49   Entrepreneurial Discipline for Lawyers The dictionary defines “discipline” as a subject or field of activity — for example, an academic subject. We all know that running a law office requires another kind of discipline. Just being a trial law

  8. NACDL News

    NACDL News NACDL Staff October 2000 10   Barbara Bergman Wins Heeney Award University of New Mexico Law Professor Barbara Bergman was presented the Robert C. Heeney Award at the NACDL Annual Convention in La Jolla in August. Before joining academia, she was a criminal defense lawyer and public

  9. Public Defense: The Right Moment

    Indigent Defense Kate Jones October 2000 64   The Right Moment The quality of representation for poor criminal defendants is in a crisis. In so many places where you practice, public defenders and court-appointed attorneys are overburdened and underpaid — and the impact this has on clients is d

  10. Reviews in Review: Presidential Pardons; Drug Treatment; Mandatory Culpability

    Reviews in Review Ellen S. Podgor October 2000 63 Presidential Pardons Margaret Colgate Love Of Pardons, Politics and Collar Business: Reflections on the President's Duty to be Merciful 27 FORDHAM URBAN LAW JOURNAL 1483 (2000) Presidential pardons are not a topic of usual conversation. Occasio

  11. RICO Report

    RICO Report Barry Tarlow October 2000 56   New Trial Motions Based on Evidence of Perjury: What Standard Applies? Rule 33 of the Federal Rules of Criminal Procedure states, rather obliquely, that the district court may grant the defendant a new trial “if the interests of justice so require.” Al

  12. Talking Story in Trial: The Power of Narrative Persuasion

    Talking Story in Trial: The Power of Narrative Persuasion Sunwolf October 2000 26 What do stories do? Affect us, nothing else. Primus St. John, Dreamer story (stôr'e), n. 1. a narrative, either true or fictitious. 2. a way of knowing and remembering information; a shape or pattern i

  13. Whatever Happened to Willie Horton?

    Whatever Happened to Willie Horton? Edward A. Mallett October 2000 7 When George W.'s father beat Michael Dukakis in 1988 he got great mileage out of the proposition that a violent crime by a Massachusetts parolee demonstrated the Democratic Party's incompetence. His anti-crime demagoguery connected