September/October 2002

September/October 2002

 

Articles in this Issue

  1. Daubert Challenges to Forensic Evidence: Ballistics Next on the Firing Line

    Daubert Challenges to Forensic Evidence: Ballistics Next on the Firing Line Joan Griffin, David J. LaMagna September/October 2002 20 A revolution is taking place in the courtroom as long accepted forensic methods are challenged under the Daubert/Kumho Tire standard of scientific reliability. Courts

  2. Death Watch

    Death Watch Chris Adams September/October 2002 8   Ring: Hammer of justice, bell of freedom ... all over this land To borrow liberally from Pete Seeger's classic folk song, If I Had a Hammer, the United States Supreme Court has given us a bell to ring. Let's ring it in the morning, ring it the

  3. Fourth Amendment Forum: No more colliding tubas: Board of Education v. Earls

    Fourth Amendment Forum Milton Hirsch, David Oscar Markus September/October 2002 41   No more colliding tubas: Board of Education v. Earls Like the pond in Dr. Seuss's “Yertle the Turtle,” Tecumsah, Oklahoma was “a nice little p[lace]/it was clean, it was neat/the water was warm/there was plenty

  4. From the President: We Are One

    From the President Lawrence S. Goldman September/October 2002 4   We are one A year ago, I attended the 70th birthday party of a former NACDL Board Member. Many of the guests were his colleagues in another smaller, selective organization of generally affluent criminal defense lawyers. Some of t

  5. Informal Opinion: Protecting Our Country While Preserving Liberty and Freedom

    Informal Opinion Bobby Lee Cook September/October 2002 37   Protecting our country while preserving liberty and freedom Ladies and gentlemen, distinguished guests and colleagues. I am delighted to be in beautiful San Francisco and to be a small part of this annual meeting of NACDL — an organiza

  6. Internet Sexual Entrapment

    Internet Sexual Entrapment Martin G. Weinberg; Kimberly Homan; Cathy Green; Steven Gordon September/October 2002 26   PART 2 In a California case which led to a great deal of publicity but produced no reported opinion, the defendant took the stand in his own defense and, in support of his cont

  7. Jury Instruction Corner: Witness receiving personal inducements from prosecution: cautionary instruc

    Jury Instruction Corner Thomas Lundy September/October 2002 56 Witness receiving personal inducements from prosecution: cautionary instructions 1. Rationale And Case Authority For Cautionary Instructions Regarding Witnesses Receiving Inducements A cautionary instruction may be appropriate

  8. Misinterpretation of the Federal Good Time Statute Costs Prisoners Seven Days Every Year

    Misinterpretation of the Federal Good Time Statute Costs Prisoners Seven Days Every Year Stephen R. Sady September/October 2002 12 Wouldn't it be incredible if the Bureau of Prisons (BOP) has been miscalculating good time credits by seven days a year for every year of incarceration since 1987? Wo

  9. NACDL News

    NACDL News Daniel Dodson September/October 2002 6   Ephraim Margolin receives NACDL Lifetime Achievement Award Ephraim Margolin received the NACDL Lifetime Achievement Award, August 3 in San Francisco. A NACDL Life Member, he served as President in 1988-89. Born in Berlin, Germany, Margolin att

  10. Public Defense: Community-oriented defense: the concept

    Indigent Defense Kirsten D. Levingston September/October 2002 34 Community-oriented defense: the concept Defenders often principally define their roles as individual lawyers fighting on behalf of individual clients. While individual representation must figure centrally in the work of defenders, it

  11. Reviews in Review: Gun penalties; The provocation defense; Third parties

    Reviews in Review Ellen S. Podgor September/October 2002 43   Gun penalties Sara Sun Beale The Unintended Consequences of Enhancing Gun Penalties: Shooting Down the Commerce Clause and Arming Federal Prosecutors 51 DUKE L.J. 1641 (2002) This article provides superb arguments against legislation

  12. RICO Report

    RICO Report Barry Tarlow September/October 2002 46   United States v. Coppa: Let the foxes guard the hen house On March 1, 2002, the United States District Court for the Eastern District of New York entered a seemingly innocuous order. It ordered the prosecution in a large stock fraud and money