Criminal Justice Winter 2019

Features

Criminal

Ten Years in the Guantanamo Goo

By Richard Kammen

The article recounts the author’s involvement in the Guantanamo capital prosecution of Abdul Rahim al-Nashiri and describes the reasons why, after eight years, the case is years away from a trial and why the Guantanamo Military Commissions have failed.

Criminal

Carpenter v. United States: Building a Property-Based Fourth Amendment Approach to Digital Data

By Melody J. Brannon

Carpenter v. United States requires the government to obtain a warrant before searching cell site location information and has fueled the Court’s remarkable debate between property rights and privacy rights.

Criminal

Justice Neil Gorsuch: Is He Really “In the Mold” of Justice Scalia?

By Daniel L. Kaplan

President Trump promised that Neil Gorsuch would be a justice “in the mold” of Justice Antonin Scalia. Is he? And just what does that mean?

Criminal

New Supreme Court Term to Look at Major Questions Involving Death Penalty and Double Jeopardy

By Harry Sandick and Kathrina Szymborski

This article provides a summary of the key criminal cases from the Supreme Court’s upcoming term.

Chair’s Counsel

Criminal

Chair’s Counsel

By Lucian E. Dervan

As I write this column, the Criminal Justice Section has just completed an incredibly successful 11th Annual Fall Institute.

Criminal Justice Matters

Criminal

The Myth of the Simple Motion

By J. Vincent Aprile II

Judges often advise litigators to file brief, simple motions and/or supporting memoranda, noting the excessive number of motions they have to read and implying that simply telling the court what you want is sufficient.

Boot Camp, Esq.

Criminal

Ask Allison

By Allison Jackson Mathis

I am just starting out as a criminal defense practitioner and am having a hard time figuring out how to set fees. I feel like the “going rates” in my community are pretty high, but I also have to keep my lights on and pay my substantial student...

Mental Health

Criminal

Psychologist, Neuropsychologist, Clinical Neuropsychologist: An Expert by Any Other Name

By Eric Y. Drogin

This column’s inaugural outing addressed counsel’s need for assistance in “deciphering the roles” of mental health experts.

Public Defense

Criminal

Court Grants Missouri Public Defenders Relief from Excessive Caseloads, Citing ABA Workload Study

By Stephen Hanlon and Malia Brink

Recently, in Missouri, public defenders sought court orders to halt further appointments to cases due to excessive caseload.

Book Review

Criminal

Punishment in Popular Culture

Reviewed by Robert Costello

Punishment in America has rightfully been researched by scholars from various fields including law, criminology, political science, and public administration—to highlight just a few—with a plethora of corresponding scholarship.

Technology

Criminal

Warrantless Searches in the Carpenter Age

By Daniel K. Gelb and Ronald J. Hedges

In Carpenter v. United States, 138 S. Ct. 2206 (2018), the US Supreme Court extended the Warrant Requirement of the Fourth Amendment to cell-site location information (CSLI).

Trial Tactics

Criminal

Sham Marriage and Privilege

By Stephen A. Saltzburg

United States v. Fomichev, 899 F.3d 766 (9th Cir. 2018), discusses the effect that a sham marriage has on marital privileges. The court draws a line between the spousal immunity (or spousal witness) privilege and the marital communications privilege.

Federal Rules Update

Criminal

Federal Rules Published for Public Comment

By David A. Schlueter

Under the Rules Enabling Act, 28 U.S.C. §§ 2071–77, amendments to the Federal Rules of Procedure and Evidence are initially considered by the respective advisory committees, who draft the rules, circulate them for public comment, and forward the rules for approval to the Judicial Conference’s Standing Committee on the Rules.

Ethics

Attempted Ethics Violations

By Peter A. Joy and Kevin C. McMunigal

If a lawyer engages in conduct aimed at violating an ethics rule, but ultimately does not violate the rule, has the lawyer nonetheless committed professional misconduct? In other words, is an attempt to violate an ethics rule itself an ethics violation?

Scientific Evidence

Criminal

Crime or Hospital Care?

By Jules M. Epstein

When a child dies and there are signs of physical abnormalities—bruises, tearing, etc.—the result may be testimony of “unquestionable” or “unmistaken” signs of sexual abuse.

Cert Alert

Criminal

Supreme Court Cases of Interest

By Carol Garfiel Freeman

Brett Kavanaugh was sworn in as the next Supreme Court justice on October 6, 2018. As the term develops, we will see whether he follows in the footsteps of Justice Kennedy...

Section News

Criminal

London White Collar Crime Institute

By Kyo Suh

The ABA Criminal Justice Section held its Seventh Annual London White Collar Crime Institute October 8–9, 2018.

Renew Your ABA Membership

Criminal Justice Winter 2019

The Opioid Crisis

The Opioid Epidemic

Features

Ten Years in the Guantanamo Goo

Carpenter v. United States: Building a Property-Based Fourth Amendment Approach to Digital Data

Justice Neil Gorsuch: Is He Really “In the Mold” of Justice Scalia?

New Supreme Court Term to Look at Major Questions Involving Death Penalty and Double Jeopardy

Chair’s Counsel

Chair’s Counsel

Criminal Justice Matters

The Myth of the Simple Motion

Boot Camp, Esq.

Ask Allison

Mental Health

Psychologist, Neuropsychologist, Clinical Neuropsychologist: An Expert by Any Other Name

Public Defense

Court Grants Missouri Public Defenders Relief from Excessive Caseloads, Citing ABA Workload Study

Book Review

Punishment in Popular Culture

Technology

Warrantless Searches in the Carpenter Age

Trial Tactics

Sham Marriage and Privilege

Federal Rules Update

Federal Rules Published for Public Comment

Ethics

Attempted Ethics Violations

Scientific Evidence

Crime or Hospital Care?

Cert Alert

Supreme Court Cases of Interest

Section News

London White Collar Crime Institute

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Criminal Justice Winter 2019

The Opioid Crisis

The Opioid Epidemic

Features

Ten Years in the Guantanamo Goo

Carpenter v. United States: Building a Property-Based Fourth Amendment Approach to Digital Data

Justice Neil Gorsuch: Is He Really “In the Mold” of Justice Scalia?

New Supreme Court Term to Look at Major Questions Involving Death Penalty and Double Jeopardy

Chair’s Counsel

Chair’s Counsel

Criminal Justice Matters

The Myth of the Simple Motion

Boot Camp, Esq.

Ask Allison

Mental Health

Psychologist, Neuropsychologist, Clinical Neuropsychologist: An Expert by Any Other Name

Public Defense

Court Grants Missouri Public Defenders Relief from Excessive Caseloads, Citing ABA Workload Study

Book Review

Punishment in Popular Culture

Technology

Warrantless Searches in the Carpenter Age

Trial Tactics

Sham Marriage and Privilege

Federal Rules Update

Federal Rules Published for Public Comment

Ethics

Attempted Ethics Violations

Scientific Evidence

Crime or Hospital Care?

Cert Alert

Supreme Court Cases of Interest

Section News

London White Collar Crime Institute

ABA Resources

The ABA

Connect