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Access to full text of articles of Criminal Justice Magazine is a privilege of section membership. This special Symposium issue's articles, however, are available free to the public. To view articles from other issues of the magazine and if you are not a member of the section, please visit our Membership Information page. CRIMINAL JUSTICE Summer 2006 Volume 21, Number 2
Howard law professor, Andrew Taslitz, explains that the same principles discovered through the innocence movement as they impact the guilt phase of a trial can also be applied to the sentencing phase. He uses the example of racial bias to demonstrate how factors such as the unconscious, data collecting, transparency, and the accumulation of small errors play out in determining a just sentence for those found guilty.
Sentencing Lessons from the Innocence Movement By Andrew E. TaslitzHoward law professor, Andrew Taslitz, explains that the same principles discovered through the innocence movement as they impact the guilt phase of a trial can also be applied to the sentencing phase. He uses the example of racial bias to demonstrate how factors such as the unconscious, data collecting, transparency, and the accumulation of small errors play out in determining a just sentence for those found guilty.
Federal or State? Sorting as a Sentencing Choice By Ronald F. Wright
Whether a case goes to the federal or state courts is often decided by a “sorting system” that is solely under the control of the prosecution. Neither judges nor defense lawyers have any say in the matter. Yet the choice can have a major impact on the sentencing of a defendant. Although control rests with the state, the savvy defense lawyer may be able to influence the decision and prepare the client for what lies ahead.
Negotiating Federal Plea Agreements Post- Booker: Same as it ever was? By Barry Boss and Nicole L. Angarella
Boss and Angarella discuss plea bargaining and how it has and has not changed since Booker, and strategies for defense lawyers to consider before they enter into negotiations with the prosecution.
You Can Teach Old Defenders New Tricks: Sentencing lessons from specialty courts By Tamar M. Meekins
The author explores why sentencing has benefited from enhanced advocacy, the influence of Booker, along with specialty court theory and models—all as a prelude to advising defense lawyers on how to best use such courts to the advantage of their clients without endangering their constitutional rights.
Corporate Deferred Prosecution Agreements: The brewing debate By Eugene Illovsky
The author, who specializes in white-collar criminal defense, offers an introductory look into how and why the state and the defense are so enamored of deferred prosecution agreements.
Chair’s Report to Members: Trial Diary: “And the Crowd Cheered . . .”
Scientific Evidence: Houston! We Have a Problem!
Ethics: Corporate Privilege Waivers in Plea Negotiations
Criminal Justice Matters: Know the Ethics of the Expert Witness, Whether Friend or Foe
Cert Alert: Court Accepts Six Cases; Denies Padilla
Juvenile Justice: What Is Next After Roper? Part 2
Book Review: Listening to the Best Counsel— Litigating in the Shadow of Death
Trial Tactics: Reverse Rule 404(b) Evidence, Part 2
Federal Sentencing: Americans Arrested Abroad
Section News: New Resolutions; Fall Meeting in New Orleans; Annual in Hawaii
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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