Criminal Justice Section

Criminal Justice Magazine, Fall 2004

TABLE OF CONTENTS
Access to full text of articles and departments is a privilege of section membership. If you are not a member of the section, please visit our Membership Information page. Members, please click on the article or column name to view the full text. CRIMINAL JUSTICE Fall 2004 Volume 19, Number 3

FEATURES

Catering to the Constable:
Court's Latest Fourth Amendment Cases Give Nod to Police

By Margaret Paris and Andrew E. Taslitz
In more than half a dozen recent cases, the U.S. Supreme Court appears to be loosening constraints on law enforcement in order to "facilitate on-street policing" at the expense of the Fourth Amendment "ideal" of individualize justice, the authors contend. The article reviews and comments on each case, concluding with a brief list of suggestions for defense counsel.

Client Perjury:
When do you know the Defendant Is Lying?
By J. Vincent Aprile II
It would seem clear that if a client expresses an intent to lie on the stand, defense counsel must seek a means to prevent it. Not always so, says author J. Vincent Aprile II, a longtime defense practitioner and ethics consultant, who explains in this article the complex issues surrounding a lawyer's obligation to the client and the courts.

In the Time of Brown:
An Interview with Judge Arthur L. Burnett, Sr.
By Myrna S. Raeder
Here, Judge Arthur Burnett, Sr., of the Superior Court of the District of Columbia, recounts his experiences as a young African-American male coming of age in the South during the height of the civil rights movement, relating the impact racial discrimination had on his early efforts to enter the legal profession, his association with Thurgood Marshall, and his view of how race still factors into the lives of young people today.

Admissibility of Lab Reports
The Right of Confrontation Post-Crawford

By Paul Giannelli
For 25 years, Ohio v. Roberts established "reliability" as a component in analyzing the constitutionality of hearsay statements. The High Court's recent decision in Crawford threw all that out of the window, relying on cross-examination as the standard for determining when hearsay is "testimonial." This article, by a noted forensic legal scholar, looks specifically at the question of when laboratory reports fall under the definition of "testimonial," noting how various lab reports may be treated differently.

Author Milton Hirsch, Briefly...
Interview by Carol Garfiel Freeman

Milton Hirsch is the author of the ABA's first novel (published by the Criminal Justice Section)-a mix of murder, mystery, humor, and an insider's knowledge of the courtroom with Miami Judge Clark Addison as its main protagonist. Here Hirsch displays his witty style in a short, off-the-cuff interview about his creation: The Shadow of Justice.


DEPARTMENTS

Chair’s Report to Members
Blakely May Doom Sentencing Middle Ground

Cert Alert
Term Ends with Surprise and Conflicts

Trial Tactics
Prior Inconsistent Statments and Collateral Matters

Ethics
The Role of Lawyers in Client Media Campaigns

Juvenile Justice
Supreme Court Revisits Juvenile Death Penalty

Section News
Fall Meeting in D.C.; Report from Atlanta

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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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