Criminal Justice Fall 2023

Features

Courts & Judiciary

Amy Coney Barrett: A Mellower Scalia

Daniel L. Kaplan

Amy Coney Barrett, the Supreme Court’s sole Scalia clerk, might be cutting a similar profile to his on the Court.

Prosecution

Black, Female, and Elected: The Long Road for Black Women as Top Prosecutors

Melba V. Pearson, Rachel A. Silverthorn, and Tierra Fulwood

Black women face unique challenges in running and governing in the current political environment. This article discusses what the future may hold, through the eyes of candidates, current elected prosecutors, and strategists.

Criminal

Working to Eliminate Racial and Identity Profiling: A Review of the Latest RIPA Stop Data from California

Jordan B. Woods

This article summarizes key findings and recommendations from the 2023 RIPA Report on California stop data and how the report can assist attorneys, judges, and other stakeholders in combating inequities in policing.

Private Defense

An Ethos for Criminal Defense Lawyers

Jon May

“How can you defend those people?” is a common refrain criminal defense lawyers hear throughout their career. This article addresses that question head on and explains the importance of defending the most hated among us to preserving our democracy.

Diversity & Inclusion

Creating Workplace Inclusivity through Restorative Justice: Through the Looking Glass

Theresa Wilson Coney

Go through the looking glass to gain a better understanding on the impact of bias in the workplace and how Restorative Justice Practices can assist.

From the Chair

Criminal

From the Chair

Tina Luongo

CJS Chair Tina Luongo shares their first column as Criminal Justice Section Chair.

Book Review

Professional Development

Recent Reads

Jolie Zangari

Several books, including The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts, are reviewed.

Criminal Justice Matters

Courts & Judiciary

Supreme Court Cases of Interest

Joel S. Johnson

A summary of the Supreme Court’s recent criminal law opinions and cert grants to date is provided. Many of the term’s early decisions favored criminal defendants, but several later decisions came out on the side of the government.

Criminal Justice Matters

Criminal

Reassessing the Advice and Consent of the Senate to Judicial Appointments

J. Vincent Aprile II

Have the Senate’s advice and consent hearings for nominees to the Supreme Court failed in the past to evaluate adequately presidential nominees for character and integrity?

Ethics

M. Evan Corcoran’s Ethical Dilemmas

Peter A. Joy and Kevin C. McMunigal

The case against Trump, and Corcoran’s role as a likely witness, raise a number of interesting evidentiary issues and ethical dilemmas.

Mental Health

Expert Witnesses

Mining the Opposing Expert’s Writings When Preparing for Cross-Examination

Eric Y. Drogin

An examination of how a prosecutor might consult with a reputable forensic mental health professional when the time comes to reviewing prior writings by an opposing expert is provided.

Public Defense

Public Defense Advocacy Has a Voice in Congress, but Is Anyone Listening?

Mark Pickett

Public defense offices need more money directed at hiring more attorneys, investigators, and support staff; increasing salaries; and improving access to training. Recently introduced House and Senate bills would address these problems precisely.

Scientific Evidence

Science & Engineering

False Confession Science

Jules M. Epstein

Saul Kassin, author of the new book Duped—Why Innocent People Confess, and Why We Believe Their Confessions (Prometheus Books 2022), is interviewed.

Women in Criminal Justice

Diversity & Inclusion

Listening Authentically, Extending Inclusion

Sarah E. Redfield

Prof. Sarah Redfield shares her experiences as a member of the Women’s Task Force investigating gender-based barriers to hiring, promotion, and retention in the practice of criminal law.

Section News: Annual Meeting Highlights

Professional Development

Annual Meeting Highlights

Kyo Suh

Updates on recent CJS events, podcasts, publications, and member news are provided. The Criminal Justice Section’s Annual Meeting took place on August 3–5, during the ABA Annual Meeting in Denver, CO.

Renew Your ABA Membership

Criminal Justice Fall 2023

Autism and the Prison Experience

Features

Amy Coney Barrett: A Mellower Scalia

Black, Female, and Elected: The Long Road for Black Women as Top Prosecutors

Working to Eliminate Racial and Identity Profiling: A Review of the Latest RIPA Stop Data from California

An Ethos for Criminal Defense Lawyers

Creating Workplace Inclusivity through Restorative Justice: Through the Looking Glass

From the Chair

From the Chair

Book Review

Recent Reads

Criminal Justice Matters

Supreme Court Cases of Interest

Criminal Justice Matters

Reassessing the Advice and Consent of the Senate to Judicial Appointments

Ethics

M. Evan Corcoran’s Ethical Dilemmas

Mental Health

Mining the Opposing Expert’s Writings When Preparing for Cross-Examination

Public Defense

Public Defense Advocacy Has a Voice in Congress, but Is Anyone Listening?

Scientific Evidence

False Confession Science

Women in Criminal Justice

Listening Authentically, Extending Inclusion

Section News: Annual Meeting Highlights

Annual Meeting Highlights

White Collar Crime Symposium

Internal Investigation – Best Practices and Lessons Learned – from the Sally Yates Report on Allegations of Abuse in Women’s Professional Soccer

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Criminal Justice Fall 2023

Autism and the Prison Experience

Features

Amy Coney Barrett: A Mellower Scalia

Black, Female, and Elected: The Long Road for Black Women as Top Prosecutors

Working to Eliminate Racial and Identity Profiling: A Review of the Latest RIPA Stop Data from California

An Ethos for Criminal Defense Lawyers

Creating Workplace Inclusivity through Restorative Justice: Through the Looking Glass

From the Chair

From the Chair

Book Review

Recent Reads

Criminal Justice Matters

Supreme Court Cases of Interest

Criminal Justice Matters

Reassessing the Advice and Consent of the Senate to Judicial Appointments

Ethics

M. Evan Corcoran’s Ethical Dilemmas

Mental Health

Mining the Opposing Expert’s Writings When Preparing for Cross-Examination

Public Defense

Public Defense Advocacy Has a Voice in Congress, but Is Anyone Listening?

Scientific Evidence

False Confession Science

Women in Criminal Justice

Listening Authentically, Extending Inclusion

Section News: Annual Meeting Highlights

Annual Meeting Highlights

White Collar Crime Symposium

Internal Investigation – Best Practices and Lessons Learned – from the Sally Yates Report on Allegations of Abuse in Women’s Professional Soccer

ABA Resources

The ABA

Connect