Criminal Justice Summer 2019

Criminal

Noncustodial Client Suicide: Prevention and Attorney Well-Being

Francesca Flood and Elizabeth Kelley

The prevalence of non-custodial client suicides and the impact on their attorneys are unknown. Sixty-nine attorneys shared their experience and thoughts on this phenomenon.

Civil Rights & Constitution

Arcing Toward Justice: Can Understanding Implicit Bias Help Change the Path of Criminal Justice?

The Honorable Bernice B. Donald and Sarah Redfield

The authors share their knowledge and experience in understanding implicit bias, its manifestations, and its potential disrupters.

Immigration

The Border: How We Got Here

Ava Benach

The author traces the legal developments that have led to the current humanitarian crisis on the US Southern Border.

Criminal

The Reach of Federal Extortion and Blackmail Statutes

Sara E. Kropf

This article provides an overview of federal extortion and blackmail statues. It also explains the broad reach of the statutes and sentencing implications for convictions under them.

Healthcare & Pharmaceutics

The Opioid Crisis: A Failure of Regulatory Design and Action

Leo Beletsky and Jeremiah Goulka

In managing the current overdose crisis, the Drug Enforcement Agency has done more harm than good. It is time for a reckoning.

Civil Rights & Constitution

The Use of Cell Site Simulators Through the Lens of the Fourth Amendment

Michael T. Lynn

Here is an examination of police investigative techniques pertaining to location information, and how our cell phones may help in their efforts without our knowledge or consent.

Criminal

From the Chair

Lucian E. Dervan

Intellectual Property

Plagiarism and the War Against Sharing Legal Work

J. Vincent Aprile II

Under the guise of combating plagiarism, some courts and bar associations have launched an all-out assault on the sharing of motions and briefs between attorneys whether facilitated by individuals, programs, or organizations, such as specialized lawyer associations.

Latin America

Expected FCPA Enforcement in Latin America

Lourdes Sánchez Ridge

Will the Trump administration’s changes in corruption enforcement policies decrease prosecutions of companies and individuals doing business in Latin America? Not likely.

Criminal

Restoration Period: Trying to Make the Defendant Competent . . . Again?

Eric Y. Drogin

The inaugural installment of this column suggested that Criminal Justice readers “might be tempted to believe that there is little or nothing new to say” about the oft-visited topic of trial competency. In the ensuing few years, however, there has...

Criminal

ABA Guidelines on Fines and Fees Used to Promote Critical Reforms

Malia Brink

In August 2018, the ABA Ten Guidelines on Court Fines and Fees were adopted by the ABA House of Delegates. The Guidelines seek to ensure that no one is subjected to fines and fees without consideration of ability to pay and that disproportionate...

Criminal

Rehabilitation and Incarceration: In Search of Fairer and More Productive Sentencing

Reviewed by Robert Costello

Judge Harold Baer offers readers a timely and urgent book on how to fix America’s overreliance on incarceration. Appointed as a judge of the US District Court for the Southern District of New York in 1994, Judge Baer harnessed his vast experiences...

Criminal

Excessive Advocacy: An Illustrative Case

Stephen a. Saltzburg

United States v. Asher, 910 F.3d 854 (6th Cir. 2018), is an example of how a lawyer might offer evidence for a permissible purpose when that evidence is simply not needed to prove a case. Although Asher involves a prosecutor’s introduction of...

Courts & Judiciary

Supreme Court Cases of Interest

Carol Garfiel Freeman

As of May 20, 15 criminal justice cases had been argued but were undecided. Among the undecided cases are Gamble v. United States (whether the separate sovereign doctrine of the double jeopardy clause of the Fifth Amendment should be overruled)...

Criminal

Is the Reverse Location Search Warrant Heading in the Wrong Direction?

Daniel K. Gelb

A “reverse location search warrant” is an emerging tool utilized by law enforcement officials to virtually canvass a geographical area, during a certain period of time. The process essentially consists of two phases.

Criminal

Ignorance of Science

Jules Epstein

When must counsel consult with an expert, particularly an expert on forensic pathology? The US Supreme Court has acknowledged that in at least some cases, an expert must be consulted to ensure effective representation, although it tempers that ...

Criminal

Spring Meeting Highlights

Kyo Suh

During April 4–7, 2019, the Section hosted its Spring CLE Program, Committee, and Council Meetings in Nashville, Tennessee. The Section introduced two new related programs this year. On April 3, the Section hosted a panel for law students at....