October 2011

October 2011 Cover

Read about the documentation that should be available after police officers collect evidence from a crime scene. Find out why federal judges are rebelling against the child pornography sentencing guidelines.

 

Articles in this Issue

  1. A Post-Bullcoming World: Does Justice Sotomayor’s Concurrence Undermine The Majority Opinion?

    A Post-Bullcoming World: Does Justice Sotomayor’s Concurrence Undermine The Majority Opinion? Justin J. McShane; Joshua R. Auriemma; Sebastian C. Watt October 2000 22 Forensic laboratory reports are often the crux of the prosecution’s drug and alcohol cases. The ability to challenge the reliability

  2. A Quiet but Growing Judicial Rebellion Against Harsh Sentences For Child Pornography Offenses — Sho

    A Quiet but Growing Judicial Rebellion Against Harsh Sentences For Child Pornography Offenses — Should the Laws Be Changed? Sen. Arlen Specter and Linda Dale Hoffa October 2011 12 Federal criminal sentences should be “sufficient, but not greater than necessary.” 1 They should fit the crime, provid

  3. Book Reviews: White Collar Crime: Health Care Fraud (2010-2011 ed.) and Autobiography of a Recoverin

    Book Reviews Jon May; Andrew D. Correia October 2011 61 White Collar Crime: Health Care Fraud (2010-2011 ed.) By Benson Weintraub and Robert David Malove Thomson West (2010) Reviewed by Jon May Health care fraud costs American taxpayers an estimated $60 billion a year. While this is a signific

  4. Crawford in the Lab — The Next Step: Bullcoming v. New Mexico

    Crawford in the Lab — The Next Step: Bullcoming v. New Mexico Steven N. Yermish October 2000 16 In a close victory for the defense, 1 the Supreme Court held that the introduction of a forensic laboratory report through the in-court testimony of a scientist who did not sign the certification or pe

  5. Crime Scene Forensic Evidence Collection Guidelines For Defense Attorneys

    Crime Scene Forensic Evidence Collection Guidelines For Defense Attorneys John Louis Larsen; Daniel K. Harris October 2000 28 A particularly critical and challenging aspect of criminal defense litigation is the interpretation of forensic evidence. This article is designed to address a question fro

  6. Duplicity -- Part Three

    Duplicity -- Part Three Thomas Lundy Jury Instruction Corner October 2000 45 Juror Unanimity and Predicate Facts This is the third installment of Jury Instruction Corner on duplicity and juror unanimity. The first article discussed the constitutional and statutory underpinnings of the doctrine, an

  7. From the President: Bench and Bar

    From the President Lisa M. Wayne October 2000 5 Bench and Bar I have never been shy when it comes to shaking things up and doing things a bit differently. During the summer, I thought about the writing of this president’s column as well as the topics I wanted to discuss. Nothing says I have to pr

  8. Informal Opinion: Reflections on 9/11 And The Law

    Informal Opinion Joshua L. Dratel October 2011 63 Last month on the 10th anniversary of the devastating attacks of September 11, 2011, all Americans reflected with sadness and a renewed sense of national purpose on the lives lost on that dreadful day. As criminal defense lawyers, we know that the en

  9. Inside NACDL: New Faces, New Talent

    Inside NACDL Norman L. Reimer October 2011 7 New Faces, New Talent Dynamic organizations thrive on the continual infusion of new leaders and staff who bring fresh insights and energy to advance the institutional mission. This is certainly the case at NACDL. Each year, with each incoming class of

  10. Locating Authoritative Sources on Competence and Mental State at Time Of Crime Assessments

    Locating Authoritative Sources on Competence and Mental State at Time Of Crime Assessments John T. Philipsborn October 2000 36 There is a wide variation in the knowledge and experience that lawyers bring to bear when legally significant mental conditions are at issue in cases. A lawyer who has acqui

  11. NACDL & Affliate News

    NACDL & Affliate News Gerald Lippert October 2011 11   Affiliate News FACDL Honors Annino And Gowdy At its annual meeting, the Florida Association of Criminal Defense Lawyers (FACDL) presented Professor Paolo Annino and Bryan S. Gowdy with the prestigious Steven M. Goldstein Criminal Jus

  12. Special Election Announcement

    Special Election Announcement NACDL Staff October 2011 6 NACDL’s Board of Directors will hold a special election to fill a vacant seat on the Board. The election will be held at the next regularly scheduled meeting of the Board of Directors in Las Vegas on November 19, 2011. Please note this special

  13. State Criminal Justice Network: Legislative Update

    State Criminal Justice Network: Legislative Update Adam Diamond; Obaid Khan; Alex Spiliotes October 2011 53 California Restitution Centers Benefit Offenders, Victims Restitution Centers allow offenders to collect income and pay restitution to victims and society while remaining under supervision of t