Criminal Justice Section

Criminal Justice Magazine, Fall 2006

CRIMINAL JUSTICE Fall 2006 Volume 21, Number 3

TABLE OF CONTENTS

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FEATURES

Reining in Bounty Hunters by Gerald Robin

Modern day bounty hunters perform a valuable service for the criminal justice system—
returning many dangerous fugitives to custody. With an 87 percent “clear rate” they do what
most law enforcement agencies have neither the resources nor the legal mandate to accomplish.
But the Wild West tactics used by many bounty hunters have some jurisdictions questioning
the “free rein” the law allows these private actors. Here the author discusses what
laws apply to bounty hunters and what some states are doing to tighten the reins.

Q&A with ABA President Karen Mathis

Among other issues of joint interest, this article looks at how the Section’s long-standing
concerns about juvenile justice dovetail with the 2006-07 president’s intiative, Youth-at-Risk.

The Debt That Can Never Be Repaid: A Report Card on the Collateral Consequences of Conviction by Margaret Colgate Love

Calling them a “permanent underclass,” the author highlights the daunting and often
impregnable obstacles that face a convicted felon once he or she is released back into
society. Few offenders understand the complexity of their new status and the difficulties
they’ll face with reintegration. Love details the avenues open to the state— executive pardon,
judicial expungement and sealing, certificates of rehabilitation, and nondiscrimination
laws —and how seldom they are employed today to help ex-cons restart their lives
with a “clean slate.”

Psychological Assessements in Postconviction Proceedings by Eric Drogin (available in print version only)

Countering Hindsight Bias in White Collar Presecution by Jon May

Seldom discussed in relation to criminal proceedings, the author argues that hindsight
bias—the tendency of jurors to overestimate the predictability of an event—is a factor
defenders should strongly address in cases that depend on circumstantial evidence.

DEPARTMENTS

Chair’s Counsel: Is It a Crime?

Practice Pointers: The Cryptographic Coroner's Report on Ohio v. Roberts

Ethics: Clent Autonomy and Choice of Counsel

Juvenile Justice: Advocating for the Juvenile Sex Offender, Part I

Trial Tactics: Testimonial and Hearsay and Confrontation

Cert Alert: Court Adds Seven New Cases

Federal Rules Alert: How Rules Are Made: A Brief Review

Scientific Evidence: Alcheny, Magic, and Forensic Science

Federal Sentencing: Practice Tips, Part 3

Section News

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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