Criminal Justice Section

Criminal Justice Magazine, Summer 2007

CRIMINAL JUSTICE SUMMER 2007 Volume 22, Number 2

TABLE OF CONTENTS

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FEATURES

Prosecutors’ Professional Independence: Reflections on Garcetti v.Ceballos

By Bruce A. Green

When deputy district attorney Richard Ceballos defied his supervisors and provided thedefense with potentially exculpatory evidence, he believed he was performing his publicduty. The U.S. Supreme Court, however, saw it differently. In the suit in which Ceballosalleged that retaliatory job actions were attempts to squelch his First Amendment right tospeak freely as a citizen concerning a matter of public concern, the Court narrowly ruledagainst him, holding that “when public employees make statements pursuant to their offi-cial duties, the employees are not speaking as citizens for First Amendment purposes.” But in this article author Bruce Green goes beyond the narrow Court focus and examineshow this decision sheds light on the ill-defined rules governing prosecutorial ethics and asks: How independent should prosecutors be?

Public Defenders, Official Duties, and the First Amendment: Applying Garcetti v.Ceballos

By J. Vincent Aprile II

If the rules governing prosecutorial independence are murky, how much more difficult will it be to apply the Garcettidecision to institutional public defenders? Employed by the stateto defend, in effect, the state’s adversary, a public defender answers to the client, argues theauthor, not his or her supervisor. Here the author looks at the ethical rules governing thisunique position and the reasons why a public defender’s speech must be protected.

The Admissibility of Memories and Beliefs The Hearsay Exception That Even the Best Judges Frequently Misunderstand

By James J. Duane

Federal Rule of Evidence 803(3) allows the admission of evidence of a statement by aperson describing a memory or belief, but not to prove the truth of the matter remem-bered or believed. In this article law professor James Duane explains the nuances of this“exception to an exception” and the trouble it has caused for the courts in cases in which (1) the defense presents evidence that the accused had told others “I am innocent,” and (2) the prosecution produces evidence that an alleged murder victim once told others“I am afraid of the defendant.”

Norman K. Maleng: In Memoriam

By Robert M.A. Johnson and Susan Hillenbrand

A tribute and look back at the life and work of former Section Chair Norm Maleng.

Plugging into the Fourth Amendment’s Matrix

By Andrew E. Taslitz

In an excerpt from his recent book, Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868, law professor Andrew Taslitz offers an overview of theimportance of understanding the Fourth Amendment’s history through the 1868 ratification of the Fourteenth Amendment. The excerpt is followed by “Four Modern LessonsLearned from Antebellum Search and Seizure History.”

A Commitment to Youth at Risk: An Interview with Reid H.Weingarten

By Kristie Kennedy

Successful and nationally recognized as one of the country’s best white-collar criminal defense lawyers, Weingarten here discusses his other passion—providing assistance and mentoring to disadvantaged youths who might otherwise end up in the criminal justice system.

DEPARTMENTS

Chair’s Counsel: Have All Convictions Become a Life Sentence?

Ethics: Prosecutorial Disclosure of Exculpatory Information During Plea Negotiations

Juvenile Justice: Federal Juvenile Justice Act Due for Reauthorization

Trial Tactics: “Impeaching” Cooperating Witnesses

Scientific Evidence: Bench Notes & Lab Reports

Cert Alert: Nine Cases of Interest

Practice Pointers: The Best Case I Never Had

Book Review: Morality and White-Collar Crime

Section News: Federal Sentencing Reduction

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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