Criminal Justice Section

Criminal Justice Magazine, Fall 2002

TABLE OF CONTENTS

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CRIMINAL JUSTICE

Fall 2002 Volume 17, Number 3

FEATURES

Unwarranted Assumptions in the Prosecution and Defense of Hate Crimes
By Lu-in Wang
Current legislation increases penalties when a case is deemed a hate crime. Prof. Wang argues that incorrect assumptions about the scope of what represents a hate crime lead prosecutors to overlook cases that warrant penalty enhancement, promote the use of potentially unconstitutional trial strategies by both the prosecution and defense, and result in acquittals on illegitimate grounds.

Immigration Consequences of Criminal Convictions
By Robert James McWhirter
Excerpted from the Section’s Guide to Immigration Law, this article explains what a criminal conviction can mean to a noncitizen. It covers such topics as drug convictions, aggravated felonies, moral turpitude, and criminal acts that do not result in convictions.

Thompson Addresses Terrorism, Fraud Issues
U.S. Deputy Attorney General Larry D. Thompson addressed Section members at the ABA Annual Meeting in Washington, D.C., discussing the internment of enemy combatants and corporate fraud.

Pushing the Guidelines Envelope: When Loss Overstates the Offense
By Michael S. Pasano and Thierry Olivier Desmet
The U.S. Sentencing Guidelines were promulgated with "heartland" cases in mind—usual circumstances. But what if your client’s situation doesn’t fall within the ordinary circumstances? The authors, both white collar criminal litigators, look at the case law that supports downward departures when the client is a minor player in a major case.

How Probative Is Comparative Bullet Lead Analysis?
By William A. Tobin and Wayne Duerfeldt
For 35 years, courts have accepted expert testimony that the lead in bullets can be traced with certainty to the bullet manufacturer or even the box from which the bullets originated, making it possible to link a defendant to crime scene evidence. Now a former FBI special agent and an expert in lead refining call into question the convictions of hundreds of individuals that were based on a practice they claim does not stand up to scientific scrutiny. Conducting their own metallurgical study, the authors say comparative bullet lead analysis is unreliable and likely to be influence by the prejudices of the practice’s experts.

DEPARTMENTS

Chair’s Report to Members
Hard times and hard decisions

Cert Alert
Term ends with new limits on death penalty

Indigent Defense
Local bars fight to hike counsel rates

Criminal Justice Matters
Abuse and misuse of litigation performance standards

Juvenile Justice
Child maltreatment and delinquency

Ethics
Witness preparation: When does it cross the line?

Trial Tactics
Offers of proof: The basic requirement

Scientific Evidence
Daubert "unbound"

Book Reviews
Miranda’s Waning Protections; Federal Prison Guidebook; The Custom of the Sea

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Criminal Justice Magazine

Criminal Justice magazine, published quarterly by the Criminal Justice Section of the American Bar Association, is intended for a national audience of defense lawyers, prosecutors, judges, academics, and other criminal justice professionals with a focus on the practice and policy issues of the criminal justice system. Each issue includes feature articles, as well as regular columns. In addition, there are occasional thematic issues which focus on one particular aspect of the criminal justice system.

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