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Criminal Justice Magazine
Summer 2005
Volume 20 Issue 2

Section News

Join Us in Chicago

By Patrice McFarlane

Patrice McFarlane is staff counsel to the Criminal Justice Section.

The 2005 ABA Annual Meeting will be held August 4-9, 2005, in Chicago. The Criminal Justice Section will be headquartered in the Swissotel and most of the Section’s activities will take place August 5-7. The Council will meet on Saturday, August 6, and Sunday, August 7. The Section’s continuing legal education programs are: (1) “Where Have All the Guidelines Gone? An Analysis of the Federal Sentencing Guidelines, Past Blakely, Fanfan and Booker,” (2) “Annual Survey of Supreme Court Decisions—Criminal Cases,” (3) “To Be Paid or Not to Be Paid: That Is the Question,” and (4) “The Challenge of False and Coerced Confessions of Juveniles.” A variety of programs and committee meetings will be held throughout the weekend. All members are invited to attend and encouraged to register now at http://www.abanet.org/annual/2005/ or call the ABA Service Center at (800) 285-2111.


Spring Meeting Held in Minneapolis
The Section Council held its spring meeting in Minneapolis, Minnesota, on May 13-15. The Council considered recommendations submitted by the ad hoc Innocence Committee to Ensure the Integrity of the Criminal Process and the Corrections and Sentencing Committee. The recommendations addressed systemic remedies, defense informants, telephone services in the correctional setting, and electronic surveillance. Other committees participating in the spring meeting included: the Book Publishing Committee, International Criminal Law Committee, Prosecution Function Committee, and Defense Function Committee.
The Section held a CLE entitled “Justice Without Borders,” featuring Joe Whitley, general counsel, Department of Homeland Security, as the keynote speaker at the luncheon. The CLE comprised two panels entitled “Citizen v. Enemy Combatants” and “Criminal Law Meets Immigration Law.” For information on the Council activities, proposed recommendations, committee meetings, or the CLE program, contact Susan Hillenbrand, director, Criminal Justice Standards, at (202) 662-1503 or at hillenbrands@staff.abanet.org.


Juvenile Justice Committee
The Juvenile Justice Committee held its spring meeting on Saturday, May 14, in Minneapolis in conjunction with the Council. Guests from the juvenile unit of the Hennepin County Public Defender’s Office joined committee members for a discussion of local issues and trends. The next committee meeting will be held at the Annual Meeting in Chicago on Saturday, August 6, and will host a CLE program on Sunday, August 7, entitled, “The Challenge of False and Coerced Confessions of Juveniles.” Panel members include Professor Steven Drizin, Children and Family Justice Center, Northwestern University School of Law, Chicago; Antoinette Kavanaugh, forensic psychologist, Chicago; and Tom Sullivan, Jenner & Block, Chicago. The program will focus on the challenges that courts face in light of false and coerced confessions of juveniles. The session will tie into the new ABA policy that grew out of the work of the Criminal Justice Section calling for the videotaping of interrogations by providing an overview of the research on juveniles’ confessions, a discussion of efforts at reform, and a review of why juveniles are particularly susceptible to coerced confessions. Following the CLE program on Sunday, the Juvenile Justice Committee will also be hosting its annual Livingston Hall Award reception to honor a leader[s] in the field of juvenile justice.
After having passed policy in 1983 opposing the execution of those who were under the age of 18 at the time of the crime, the Juvenile Justice Committee was thrilled by the United States Supreme Court’s recent decision ruling the juvenile death penalty unconstitutional. On March 1, 2005, the Court released its decision in which it delineated the differences between youth and adults including juveniles’ lack of maturity, their susceptibility to negative influences and peer pressure, and the transitory nature of their character.
During states’ 2005 legislative sessions, Juvenile Justice Committee members were requested to testify on issues of juvenile competency in Maryland and to submit information on early appointment of counsel for youth in Virginia.


Kudos!
Paul Rashkind, former Section officer and Council member, appeared before the United States Supreme Court on April 25, 2005, to argue the case of Gonzalez v. Crosby. The Court granted the petition for writ of certiorari that Rashkind filed on behalf of his client, Aurelio O. Gonzalez, to determine a complex habeas corpus issue: Whether the Eleventh Circuit Court of Appeals erred in holding that every Rule 60(b) motion filed in a habeas corpus case (other than a motion alleging fraud) constitutes a prohibited second or successive petition.


Section Selects New Director

The Criminal Justice Section welcomes a new director, Jack C. Hanna, most recently the business manager for JAMS Resolutions Experts in Washington, D.C. No stranger to the American Bar Association, Hanna is the former director of the ABA’s Section of Dispute Resolution, which is housed along with the Criminal Justice Section in the ABA’s Washington offices. As director of the Section of Dispute Resolution, Hanna was responsible for developing its publishing program, increasing membership, project implementations, and overseeing grant applications. He played a critical role in developing the Section’s policy statements.
In addition, he edited and coauthored such publications as Respect Me, Respect Yourself; Respect, Reflect, Resolve; ADR Personalities and Practice Tips; Mediation Practice Guide; and Dispute Resolution Ethics, among others. He was also the editor of Just Resolutions, the Section’s newsletter.
Hanna has won a number of awards, including the 2001 Award of Excellence for ADR Administration from the American College of Civil Trial Mediators and the 1997 South Carolina Bar Oasis Award for Service to Indigent Carolinians. In addition, he accepted two awards on behalf of the ABA’s Dispute Resolution Section: the 2004 CPR Award for Merit for contributions to the field of Dispute Resolution and the 1997 ABA Award for Meritorious Service to the Legal Profession for the school mediation project “Out-Reach.”
Hanna earned both his undergraduate and law degree from the University of South Carolina and is a member of the South Carolina Bar.
You can reach the new Section director at (202) 662-1510 or e-mail him at hannaj@staff.abanet.org.




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