Criminal Justice Section

Criminal Justice Magazine, Summer 2008 (Vol. 23/ No. 2)

TABLE OF CONTENTS

(Access to articles are limited to ABA members.)

FEATURES

Miranda Rights . . . and Wrongs: Myths, Methods, and Model Solutions

By Richard Rogers, Daniel W. Shuman, and Eric Y. Drogin

The authors unmask the misconceptions many of us have (both lawyers and laypersons) about how Miranda rights are exercised and protected in this country. They cover such myths as the idea that warnings are the same “wherever you go” to the belief that “oral and written warnings have the same effect.” The article concludes with a list of potential solutions to the myriad errors made in the name of Miranda.

Is It the CSI Effect or Do We Just Distrust Juries?

By Wendy Brickell

It is one of the most popular franchises on network television—CSI: Crime Scene Investigation, CSI: Miami, and CSI: NY. With millions of weekly viewers, the public’s newfound fascination with forensics is undeniable. The fact that experts claim much of the CSI “science” is pure fiction does nothing to dampen audience enthusiasm. Among prosecutors and defense attorneys the debate is how much of this fiction makes its way into the real-world courtroom? Are juror expectations raised to an unreasonable level? Are the guilty set free and the innocent convicted based on a faulty idea of what is possible in the realm of forensic evidence? The author details these concerns, looks at the result of recent studies, and suggests that something else may be at play.

On Cross-Examination and Criminal Defense: An Interview with Terence Maccarthy

Conducted by Myrna S. Raeder

Recognized nationally as an expert in criminal defense, Terence MacCarthy—executive director of the Federal Defender Program in the U.S. District Court for the Northern District of Illinois—expounds on why he became a criminal defense lawyer and what he’s learned along the way. In addition, he explains his “contrarian” system of cross-examination—the subject of a new ABA book.

Comparative Bullet Lead Analysis: An Update

By Paul C. Giannelli

CBLA—the comparison of the lead in crime scene bullets to the lead at the bullet’s manufacturing source—was a well-accepted tenet of forensic evidence for more than three decades. All that changed when a retired FBI examiner brought the procedure into question at trial and in legal articles. Author Paul Giannelli, a forensic evidence expert, looks at the fallout from the FBI’s decision to drop CBLA as a forensic technique and what it means to previous convictions.

Gatekeepers Initiative: Lawyers and the Bar Ignore It at Their Peril

By Bruce Zagaris

A warning for white collar practitioners and U.S. bar associations that failure to address the requirements of the Initiative threatens them with criminal sanctions. Author Bruce Zagaris discusses how both lawyers and clients are increasingly discovering that laws and ethics that apply to a wide array of services fall into a growing area of legal uncertainty.

 

DEPARTMENTS

Chair’s Counsel

Where is Criminal Justice in This Presidential Year?

Letter to the Editor

A View from the Forgotten Side

Cert Alert

Pending and Decided U.S. Supreme Court Criminal Cases

Federal Sentencing

Health Care in the Federal Prison System

Criminal Justice Matters

Ghostwriter: A New Legal Superhero?

Ethics

Confidentiality and Wrongful Incarceration

Trial Tactics

Picking the Correct Argument

Section News

Membership Growth Initiative; Annual Meeting Programs

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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