Articles in this Issue

1. Behind Closed Doors: Second Circuit Finds Preventing Defense Counsel from Communicating with Their C

   Behind Closed Doors Thomas K. Maher, Christopher Fialko November 2000 46 Second Circuit Finds Preventing Defense Counsel from Communicating with Their Client Is Acceptable In a pair of decisions this year, the Second Circuit has approved limitations on defense counsel's right to communicate with

   Thomas K. Maher and Christopher Fialko

2. Book Review: Blind Spot

   Book Review Michael L. Bender November 2000 16   Blind Spot By Stephanie Kane Bantam Books (352 Pages), $5.99 Reviewed by Michael L. Bender Rarely does a novel capture the conflict between criminal defense lawyer and client and depict accurately the emotional dynamic that occurs during a trial

   Michael L. Bender

3. Capital Cases: Principles of Developing and Presenting Mental Health Evidence in Criminal Cases

   Capital Cases John H. Blume, Pamela Blume Leonard November 2000 63 Principles of Developing and Presenting Mental Health Evidence in Criminal Cases Mentally disordered clients can be challenging, their crimes bizarre, their lives tragic and their illnesses difficult to convey. To address mental h

   John H. Blume, Pamela Blume Leonard

4. Death Watch

   Death Watch Chris Adams November 2000 12 Triumph of Reason Puerto Rico — In July, NACDL members won a landmark victory in a death penalty case pursued by the federal government in Puerto Rico. In the government's case against Hector Acosta-Martinez, NACDL Parliamentarian M. Cristina Guiterrez a

   Chris Adams

5. NACDL News

   NACDL News NACDL Staff November 2000 8 DOJ Finds Significant Disparities in Federal Death Penalty Applications In the first thorough review of the federal death penalty, the Department of Justice has found significant racial and geographic disparities. In 75 percent of the cases in which a fed

   NACDL Staff

6. Northern Lights: Medical Marijuana Is Now Parliament's Problem

   Northern Lights Leslie Pringle, Steven Skurka, Phil Campbell November 2000 39   Medical Marijuana Is Now Parliament's Problem In R. v. Parker (July 31, 2000), the Court of Appeal for Ontario lobbed directly into the government's court the vexed issue of medicinal marijuana use. The prohibitions

   Leslie Pringle, Steven Skurka, and Phil Campbell

7. President's Column: The Race Card

   The Race Card Edward A. Mallett President's Column November 2000 7 The case of the inscrutable and sinister atomic spy has ended: Dr. Wen Ho Lee entered a plea to “time-served.” Mind you, Dr. Lee's December 10, 1999 arrest on 58 counts of selling out America to the Red Chinese was accompanied by the

   Edward A. Mallett

8. Public Defense: A Miscarriage of Justice: ‘The Marked Tree Three’

   Indigent Defense Kate Jones November 2000 42   A Miscarriage of Justice: ‘The Marked Tree Three’ Shannon Smith, Keith Versie, and Michael Wofford have spent the last nine years in prison because they didn't get effective representation. Shannon and Keith were 17 at the time they were arrested.

   Kate Jones

9. Reviews in Review: International Criminal Procedure; Habeas Corpus; Ethics

   Reviews in Review Ellen S. Podgor November 2000 32 International Criminal Procedure Diane Marie Amann Harmonic Convergence? Constitutional Criminal Procedure in an International Context 75 INDIANA LAW JOURNAL 809 (2000) Globalization requires that countries consider establishing a global stand

   Ellen S. Podgor

10. RICO Report

    RICO Report Barry Tarlow November 2000 53 Sixth and Ninth Circuits Apply Bright-Line Rule in Rejecting Pre-Indictment Right to Counsel The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the assistance of counsel for his defense.” In Ki

    Barry Tarlow

11. Self-Defense for Lawyers

    Self-Defense for Lawyers Irwin Schwartz November 2000 18 The best trained, most technically skilled and ethically responsible lawyers are reserved for the upper reaches of business and society. This leaves the least competent, least well-trained, and least ethical lawyers to the lower-income indivi

    Irwin Schwartz

12. Ten-Step Guide to Closing Argument

    Ten-Step Guide to Closing Argument Cathy R. Kelly November 2000 26 Argument is defined by Webster as “a course of reasoning aimed at demonstrating the truth or falsehood of something.” Too often we lose sight of this definition when we stand to give our closing arguments. We poke holes in the state'

    Cathy R. Kelly

13. The Whole Story: Agents' Rough Notes

    The Whole Story: Agents' Rough Notes John P. Elwood November 2000 34 Few pieces of evidence are as probative of what occurred during a suspect's interview by investigators than the agents' own rough field notes. They are the only contemporaneous record of what happened during the interview, often re

    John P. Elwood

14. White Collar Crime: Reversing a Conviction When the Government's Witness Lied

    White Collar Crime Kathryn Keneally November 2000 49 Reversing a Conviction When the Government's Witness Lied In last month's issue of The Champion, the RICO Report set out a valuable analysis of the standards that courts have applied when confronted with evidence of perjury on a motion for a ne

    Kathryn Keneally