Criminal Justice Magazine, Spring 2009 (Vol. 24/ No. 1)
(Access to articles are limited to ABA members.)
Crime Victims’ Rights: From Illusion to Reality By Mary L. Boland and Russell Butler
Advocates for victims’ rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims’ Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims’ rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights.
Enhancing the Legal Profession’s Response to Victims of Child Abuse By Myrna S. Raeder
This second article on victims’ rights addresses the special concerns and requirements of dealing with child victims, especially those who are targets of sexual abuse. The author notes that new ABA child abuse victim policies were adopted at the 2009 Midyear Meeting and goes on to discuss how legal professionals can improve their interactions with child victims without curtailing the rights of the defendant. Topics include the use of child advocacy centers, interview techniques, preparing children to testify, child-friendly courtrooms, and alternatives to in-person testimony.
ABA Standards on DNA Evidence: Nontestimonial Identification Orders By Paul C. Giannelli
NTOs are not barred by the Fifth Amendment guarantee against self-incrimination, which courts have held does not apply to physical evidence such as fingerprints or oral swabs. But such procedures do raise important Fourth Amendment search and seizure questions. The author addresses these issues as well as the ABA Standards on DNA Evidence that support NTO procedures.
With the decision in Crawford v. Washington, forfeiture through wrongdoing became an important tool that could allow prosecutors to introduce out-of-court statements. As the state looked to expand the parameters of the forfeiture exception, the Supreme Court granted certiorari in Giles v. California in order to define the boundaries of such exceptions. In this article, the author examines the 2008 decision and its impact on prosecuting both murder and non-murder cases of domestic violence. Included are tips for both prosecutors and defense attorneys.
Chair’s Counsel : Letter to the White house
In Memoriam : Robert E. Shepherd, Jr.
Trial Tactics : Using Prior Statements
Ethics : Are We Blind to Innocence?
Federal Sentencing : "Intended Loss" Redefined in Fraud Cases
Cert Alert : Court Addresses Sentencing and Fourth Amendment Cases
Federal Rules Alert : Amendments to the Federal Rules of Procedure and Evidence