Fall 2005TABLE OF CONTENTS
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CRIMINAL JUSTICE Fall 2005 Volume 20, Number 3
Trends in Cybercrime: The Dark Side of the Internet
By Sean Hoar
It is likely you’ve already made their acquaintance—the scammers, spammers, and phishers who make daily online assaults on your home and business computers in an effort to access your most personal information. The result is a surge in the number of fraud cases arising from identity theft. The author, a U.S. attorney for the Justice Department who specializes in cybercrime issues, details how the Internet came to be such an easy target and what laws can be used to prosecute these criminals.
Real Evidence, Virtual Crimes: The Role of Computer Forensic Experts
By Paul Luehr
Most people think of the obvious when they see the words “electronic evidence”— e-mail, document files, and Web pages. According to author Paul Luehr, an experienced computer forensic expert can uncover much, much more from a computer’s innards, offering both the prosecution and defense the hidden “data about the data” that reveal who created, accessed, edited, and deleted material that is invisible to the layperson’s eye. He goes on to discuss how to secure the data for use at trial.
Abolish Peremptory Challenges: Reform Juries to Promote Impartiality
By Arthur Burnett, Sr.
A senior judge on the Superior Court of the District of Columbia, the author was a member of former ABA President Robert J. Grey, Jr.’s American Jury Project. Here Judge Burnett puts forth the argument that peremptory challenges insert racial, gender, and religious biases into the jury selection process that rob both defendants and potential jurors of the constitutional right to an impartial system of justice—and for that reason peremptory challenges should be abolished.
Commission Focuses on Safety, Abuse in Prisons
By Jennifer Trone and Robin Dull
The authors offer an overview of the ongoing work of the Commission on Safety and Abuse in America’s Prisons, which has attracted the attention of a wide range of participants, from prison officials to human rights advocates.
Plea Bargaining in Capital Cases
By Welsh White
In a chapter from his forthcoming book in which he interviews successful death penalty defense lawyers, Professor White of the University of Pittsburgh examines the role a good defense lawyer plays in persuading both the client and the prosecution that a plea bargain may be the best choice.
Beyond Booker: A Better Way to Sentence Criminals
By Rep. Artur Davis
Alabama’s Democratic representative in the U.S. House makes a case here for an immediate revision to what he calls the “outsized contraption that is the current sentencing structure” and replacing it with a set of guidelines for sentencing offenders in federal cases that is simplified and would be easier for both the judicial system and the public to understand and adopt.
Chair’s Report to Members
Diary of a Trial Lawyer
Recent Cases Granted Cert by the Supreme Court
Reentry Critical to Transition for Incarcerated Youths
Modus Operandi Experts
Plea Agreements: Confrontation versus Vouching
Report on Annual; Award Winners; Amicus Brief