Criminal Justice Section

Criminal Justice Magazine, Winter 2007

CRIMINAL JUSTICE WINTER 2007 Volume 21, Number 4

TABLE OF CONTENTS

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FEATURES

Life Without Parole for Children By Victor Streib and Bernadette Schrempp

A 14-year-old and a 40-year-old commit the same terrible crime. Should they suffer thesame fate? Authors Streib (an expert on sentencing juvenile offenders) and Schrempp arguethere are sound scientific, sociological, and moral reasons for the criminal justice system tohold out hope that the child may someday be rehabilitated and returned to society. This arti-cle explores the reasons why life without parole, even for the most heinous acts, is an inap-propriate sentence for juveniles. It examines the federal and state constitutionality issuesthat surround the subject, and includes state-by-state graphics of the statutes covering lifewithout parole for children.

Domestic Violence: When the “Perp” Is a CopThe Ultimate Power and Control By Richard A. Ginkowski

The author, a prosecutor, details the special circumstances that the state must take intoconsideration when charging and trying a law enforcement officer with the crime ofdomestic violence—from police department cover-ups to potential conflicts-of-interestwithin the prosecutor’s office. It addresses the need for a victim’s advocate, making a riskanalysis of the suspect, preparing for trial, and sentencing.

The Lessons of Injustice By Roy Black

High-profile criminal defense lawyer Roy Black briefly discusses what drew him to thelaw in this excerpt from the Criminal Justice Section’s newest novel, a mystery-thriller foryoung readers: Leapholes.

Holmes v. South Carolina Upholds Trial by Jury By Samuel Gross

Accused of a rape-murder, defendant Bobby Lee Holmes sought to introduce evidence thatanother man committed the crime. The trial judge, however, disallowed the evidence and theSouth Carolina Supreme Court upheld the judge’s decision based on its own findings thatthe defendant’s guilt was so apparent it could not be overcome. On behalf of 40 evidencelaw professors, Samuel Gross filed an amicus brief for the defendant with the U.S. SupremeCourt, claiming the South Carolina court ruling violated Holmes’s Sixth Amendment rightto trial by jury. In this article, he explains why.

Closing Two Doors: How Courts Misunderstand Prejudice Under Olano and Strickland By Kristin Traicoff

Winner of the 2006 Greenhalgh Student Writing Competition, Traicoff highlights a case inwhich the defendant raises on appeal both a claim of plain error and ineffective assistance ofcounsel. The appellate court denies the claim of plain error, requiring that the habeas courtthen decide whether there can be prejudice on the subsequent claim. The article looks at howcourts have resolved this conflict and, further, why some misunderstand the two standards.

DEPARTMENTS

Chair’s Counsel: Racial Bias in the Criminal Justice System and Why We Should Care

Scientific Evidence: Firearms Identification (“Ballistics”)

Cert Alert: Supreme Court Review

Federal Sentencing: Inside Baseball: Interview with Former Federal Probation Officer

Ethics: Campaign Pledges to Prosecute

Practice Pointers: DUI Staggered Sentencing: How It Works

Federal Rules Alert: Criminal Procedure Rules Pending Public Comment

Criminal Justice Matters: Judicial and Prosecutorial Recusal: Duty to Investigate and Challenge

Trial Tactics: Improper Use of Plea Agreements to Vouch

Juvenile Justice: Advocating for the Juvenile Sex Offender, Part 2

Book Review: Is Justice Gendered?

Section News: Disaster Preparedness Conference Highlights

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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