April 2001
April 2001
Articles in this Issue
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Book Reviews: Cultural Issues in Criminal Defense and Connecticut Criminal Legal Forms
Book Review Kari Converse April 2001 32 Cultural Issues in Criminal Defense Edited by James G. Connell, III and Rene I. Valladares Juris Publications (2000) 71 New Street, Huntington, NY 11743; 1-800-887-4064/631-351-5430, Fax: 631-351-5712; http://www.jurispub.com/books/cult.htm 600 Pages, $140; Lo
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Death Watch
Death Watch Chris Adams April 2001 14 Ā NACDL Members Win Acquittal in Alabama On March 7, Terry Bonner walked out of a Birmingham courtroom a free man. After deliberating for two hours, jurors in the death penalty trial found Bonner not guilty on all counts. Two NACDL members - Wilson Myers an
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DWI: NHTSA Field Sobriety Tests Validation v. Invalidation
DWI Phillip B. Price, Spurgeon Cole April 2001 37 NHTSA Field Sobriety Tests Validation v. Invalidation Dr. Marcelline Burns and cohorts recently conducted and published three new studies on the Standardized Field Sobriety Tests (SFST). These studies were funded in whole or in part by the Nat
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Friend of the Court
Friend of the Court Lisa Kemler April 2001 45 Current Cases before the U.S. Supreme Court Due Process Is Violated Where Defendant's Conduct Did Not Violate Statute Under Which He Was Prosecuted and Convicted. In Fiore v. White, No. 98-942 (decided January 9, 2001), the petitioner was convicted o
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Innocence Protection Act
Innocence Protection Act Ronald Weich April 2001 18 The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administrati
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McDade Law is Good for the Profession
McDade Law is Good for the Profession Larry D. Thompson April 2001 22 Notwithstanding the broad-based support the McDade law received when enacted in 1998, the Department of Justice stubbornly and unwisely continues to urge its repeal. McDade makes it clear that DOJ lawyers, like all other lawyers,
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NACDL News
NACDL News NACDL Staff April 2001 8 Ā DNA Evidence and Determined Sister Set Man Free Kenneth Waters, having served 18 years for a murder he almost certainly didn't commit, is free today thanks, in part, to his devoted sister ā Betty Anne Waters. Ms. Waters, a high school drop out, put herself
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Northern Lights: Wiretapping: Canada's Supreme Court Gives Constitutional Values a Boost
Northern Lights Leslie Pringle, Steven Skurka April 2001 58 Ā Wiretapping: Canada's Supreme Court Gives Constitutional Values a Boost Before a wiretap is issued in Canada, the Criminal Code requires that a judge be satisfied that other investigative procedures have been tried and have failed, o
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Open Government
Open Government Edward A. Mallett April 2001 7 We testified before the United States Sentencing Commission last month, for the first time in many years. Here's how it works: the Sentencing Commission has seven full members and two non-voting (āex officioā) members ā one from the Department of Jus
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Public Defense: Maricopa County's Continuance Panel ā Justice in the Fast Lane
Indigent Defense Kate Jones April 2001 43 Maricopa County's Continuance Panel ā Justice in the Fast Lane In February of 1999, the Chief Justice of the Arizona Supreme Court wrote to the presiding judge of the Maricopa County Superior Court, insisting that the Superior Court address delays in crim
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Reviews in Review: Breath Alcohol Machines; Witness Sentence Recommendations In Capital Cases; Feder
Reviews in Review Ellen S. Podgor April 2001 16 Breath Alcohol Machines Gil Sapir & Mark Giangrande Right to Inspect and Test Breath Alcohol Machines: Suspicion Ain't Proof 33 THE JOHN MARSHALL LAW REVIEW 1 (1999) An important aspect to many a DUI case is the admission of the results of a
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RICO Report
RICO Report Barry Tarlow April 2001 49 Charlie Keating's Long, Hard Road to Freedom At the outset of his opinion affirming the grant of Charles Keating's petition for a writ of habeas corpus from his state court conviction, Judge Reinhardt observed that āmost readers of this opinion will be well
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Tape-Recorded Evidence
Tape-Recorded Evidence Jay Goldberg April 2001 24 With the publicity surrounding the accusations against Linda Tripp for her use of an electronic device to record conversations with Monica Lewinsky, the public and bar were educated that there are states that permit such tape recording with one-party
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White Collar Crime: Recent Decisions Threaten To Collapse Money Laundering into the Underlying Speci
White Collar Crime Kathryn Keneally April 2001 61 Recent Decisions Threaten To Collapse Money Laundering into the Underlying Specified Unlawful Activity 1 The money-laundering statutes, Sections 1956 and 1957, are powerful tools for the government. Taken together, these statutes substantially cr