Articles in this Issue

1. Death Watch

   Death Watch Chris Adams Death Watch December 2002 35   Federal Death penalty unconstitutional, again! The federal death penalty was declared unconstitutional for a second time this year! District Court Judge William Sessions issued the order on September 24, 2002 in U.S v. Donald Fell, 217 F.Sup

   Chris Adams

2. From the President: Mandatory videotaping of interrogations

   From the President Lawrence S. Goldman From the President December 2002 4   Mandatory videotaping of interrogations At the close of every legislative session, I breathe a sigh of relief. I know then that, barring unusual circumstances, for at least a few months there will be no laws enacted esta

   Lawrence S. Goldman

3. Grid & Bear It: The 2002 Sentencing Guideline Amendments

   Grid & Bear It Janet G. Hinton; Andrea L. Smith December 2002 56   The 2002 Sentencing Guideline Amendments Last May, the United States Sentencing Commission sent a package of ten amendments to Congress with an effective date of November 1, 2002. 1 In response to the USA PATRIOT Act of

   Janet G. Hinton; Andrea L. Smith

4. Judging the Judges

   Judging the Judges David Burnham, Susan Long December 2002 20 Is there any systematic way for a lawyer to size up federal trial judges prior to appearing before them? Theoretically a lawyer could collect detailed information about every criminal and civil matter handled by a particular judge during

   David Burnham, Susan Long

5. Jury Instruction Corner: Propriety of permitting jurors to submit questions for witnesses; Instructi

   Jury Instruction Corner Thomas Lundy December 2002 48   Propriety of permitting jurors to submit questions for witnesses; Instructional safeguards to consider if juror-authored questions are allowed While it is not uncommon to permit the jury to submit questions to witnesses, there are competin

   Thomas Lundy

6. NACDL News

   NACDL News Daniel Dodson NACDL News December 2002 6   Illinois Governor Ryan indicates concern for all viewpoints in death penalty debate Illinois Governor George Ryan (R) addressed NACDL's fall meeting luncheon in Chicago amid speculation that he might commute the death sentences of the 160 inm

   Daniel Dodson

7. Public Defense

   Indigent Defense Kate Jones Indigent Defense December 2002 45   Exoneration shows need for indigent defense reform in Montana The numbers tell a tragic story. Eight: the age of a little girl in Billings, Montana, who was brutally raped. Eighteen: the age of Jimmy Ray Bromgard, who was convicted

   Kate Jones

8. Reviews in Review: Federal sentencing — role of counsel; Fourth Amendment and technology

   Reviews in Review Ellen S. Podgor December 2002 40   Federal sentencing — role of counsel Douglas A. Berman From Lawlessness to Too Much Law? Exploring the Risk of Disparity from Differences in Defense Counsel Under Guidelines Sentencing 87 IOWA L.REV. 435 (2002) What role does defense counsel

   Ellen S. Podgor

9. RICO Report

   RICO Report Barry Tarlow December 2002 50   Who loves a man in a uniform? It comes as no surprise to many trial lawyers that a large number of prospective jurors are sympatico with the title of Gang of Four's 1982 pop song, “I Love a Man in a Uniform.” In fact, the National Jury Project, a non-

   Barry Tarlow

10. Supreme Court Review

    Supreme Court Review G. Paul McCormick December 2002 26 This year, the U.S. Supreme Court issued several favorable cases in the area of death penalty litigation, including the right to a jury trial and outlawing the execution of the mentally retarded. In the wake of Apprendi, the Court ruled that an

    G. Paul McCormick

11. The Case for Recording Interrogations

    The Case for Recording Interrogations Daniel Donovan, John Rhodes December 2002 12 From wiretaps 1 to drug-sniffing dogs, 2 at the government's request, courts have ruled that numerous investigative techniques pass constitutional muster. Deploying technology to combat crime is already a hallmark o

    Daniel Donovan, John Rhodes

12. The doll house (not Ibsen's; definitely not Ibsen's)

    The doll house (not Ibsen's; definitely not Ibsen's) Milton Hirsch, David Oscar Markus Fourth Amendment Forum December 2002 42 Once upon a time there came before the Supreme Court a case that featured a house-bombing, pornography, a highly colorful litigant who had relations with two light-heavyweigh

    Milton Hirsch, David Oscar Markus

13. To Limit Post-Conviction Petitions, Repeal the Time Limits

    To Limit Post-Conviction Petitions, Repeal the Time Limits Sheryl Gordon McCloud December 2002 36 After a criminal defendant is convicted; after the appeal; after Supreme Court review or denial of review; that prisoner has one more chance. A state or federal prisoner can file a post-conviction petit

    Sheryl Gordon McCloud