Criminal Justice Section

Criminal Justice Magazine, Winter 2008

CRIMINAL JUSTICE WINTER 2008 Volume 22, Number 4

FEATURES

Defending International Extraditions By Nina Marino and Nicole Eiland

Calling it an “obscure corner of the law,” authors Marino and Eiland examine the uncommon rules that govern an extradition request from a foreign country. Practitioners will likely find themselves in a situation in which the usual constitutional guarantees do not apply—even a U.S. citizen will find that due process and burden of proof are often trumped by laws that have not changed since the early 1900s. In this article the authors detail the avenues to follow in pursuit of a successful defense.

Arbitrary Justice? A Prosecutor’s View By Matthew Campbell

A former prosecutor, Campbell looks critically at the assertion in the book Arbitrary Justice by American University law professor Angela J. Davis that prosecutorial misconduct today is “widespread and unchecked.” Disturbed by this portrait of a profession he holds honorable, Campbell nonetheless concedes that many of her examples of the misuses of discretion should force not only prosecutors but all in the criminal justice system to examine how they exercise power.

Arbitrary Justice? Defense Counsel’s View By Ted Wieseman

A former public defender, defense counsel, and once a prosecutor, Wieseman’s review of the Davis book centers on his belief that it is not so much individual prosecutors who corrupt the system, but the system that corrupts the individuals. He argues that it is a lack of checks and balances governing prosecutorial conduct that is at fault. He warns there are no easy fixes, but also disagrees with the premise that defense lawyers cannot exert their own power to correct the problem.

Corporate Criminal Liability: Sensible Jurisprudence or Kafkaesque Absurdity? By Howard E. O’Leary, Jr.

A white collar criminal litigator, the author questions whether criminal sanctions, such as those that closed the doors of the giant accounting firm Arthur Andersen, make sense. He proposes civil remedies as a more effective deterrent, arguing that criminal liability should be reserved for individuals.

The State of Criminal Justice: Two new volumes probe the depth of current issues By Victor Streib

Editor of the 2006 and 2007 annual reports, Streib demonstrates with examples the breadth of coverage given to criminal justice issues of import to every practitioner, from recent Supreme Court Fourth Amendment decisions to trends in white collar law enforcement. Unlike older volumes that focused on one theme, the 2006 and 2007 volumes are expanded to nearly 10 times the size of the previous annuals with multiple authors addressing such issues as victims’ rights, prosecutive investigations, sentencing, and ethics.

DEPARTMENTS

Chair’s Counsel: The Importance of an Independent Bar

Ethics: Counsel or Client—Who’s in Charge?

Trial Tactics: Equipment, Hearsay, and Authentication

Juvenile Justice: Evidence Mounts on Wisdom of Trying Juveniles as Adults

Scientific Evidence: The Innocent Man

Cert Alert: Current Supreme Court Cases of Interest

Federal Sentencing: Securing the Best Placement and Earliest Release

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

Indigent Defense: National Developments in 2007

Section News: Fall Conference Highlights, Award Winners

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.

For more information on subscriptions, back issues, editorial policy, guidelines for authors and contributors, or advertising, please visit the magazine information page.

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