Winter 2005TABLE OF CONTENTS
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CRIMINAL JUSTICE Winter 2005 Volume 19, Number 4
The Roots and Realities of Blakely
By Douglas Berman
The June 2004 Supreme Court Blakely v. Washington decision sent seismic shockwaves through the criminal justice system that are still rumbling. At risk are the accepted procedures in both state and federal courts for sentencing anyone charged or convicted of a crime. In this article, law professor Douglas Berman puts Blakely in its historical context and explains why he considers it a good thing.
Getting to Know and Love Electronic Evidence
By Richard Ginkowski
As a computer enthusiast for more than three decades, the author walks readers through the basics of electronic evidence: digital photos, hard drives, e-mail, optical discs, and more. He also discusses such topics as when and how to enlist a forensic technology expert. Finally, he offers suggestions for what every criminal attorney needs in the way of basic tools, and explains how to use them.
Convicting the Guilty, Acquitting the Innocent
By Andrew Taslitz
In 2004, the ABA House of Delegates adopted five new recommendations as policy based on findings by the Criminal Justice Section regarding the improvement of the criminal justice system’s accuracy in convicting the guilty and acquitting the innocent. In this article, a member of the Section’s Ad Hoc Innocence Committee details the background of problems associated with the five areas of concern—eyewitness testimony, confessions, forensic laboratories, law enforcement, and prosecutions—and relates the ABA’s solutions.
The American Way of Punishment:
ABA Justice Kennedy Commission Recommends Sweeping Changes
By Margaret Love
In 2003, Supreme Court Justice Anthony Kennedy challenged the ABA to answer a charge that the country’s resources are misspent on a system that over-emphasizes punishment and confinement to solve its problems. One year to the day later, the ABA’s Kennedy Commission disclosed a detailed slate of recommendations for reform. The author, one of the commission’s reporters, reviews the commission’s work and the plans to continue the “national discussion” on the role of the ABA and the bar at large in prison reform.
Complexity of School-Police Relationships Challenge
"Special Needs" Doctirne
By Josh Kagan
The 2004 winner of the William W. Greenhalgh Law Student Writing Competition holds that the increased involvement between law enforcement and school officials requires a reexamination of the 1985 Supreme Court holdings in New Jersey v. TLO.
Chair’s Report to Members
The Rule of Law in Uncertain Times
Criminal Justice Matters
Should Narrative Medicine Inspire Narrative Law?
Term Begins Where Last Term Ended
Should Prosecutors Use Inconsistent Arguments?
The Relevance of Brain Research to Juvenile Defense
Supplemental Arguments: Good or Bad Idea?
Council Fall Meeting Report; Amicus Brief on Sentencing
Section Director Tom C. Smith Retires