Criminal Justice Summer 2023 | White Collar Crime Symposium

Features

Criminal

Uncivil Procedure: The Need for Heightened Due Process Protection in SEC Enforcement Prosecutions

Russell G. Ryan

In recent decades, SEC enforcement has increasingly taken on the look and feel of criminal prosecution. Is it time to incorporate commensurate due process protections?

White Collar Crime

DOJ's Focus on Corporate Criminal Enforcement Continues Under Biden Administration

Justin D. Weitz, Sandra L. Moser, and Erica A. Jaffe

This article highlights recent US corporate criminal enforcement trends, examining the current policy landscape and lessons learned from recent Foreign Corrupt Practices Act enforcement actions.

Criminal

Access Controls: The Need for Improved International Evidence Sharing in Cybercrime Investigations

Cyrus R. Vance, Jr. and Elizabeth J. Roper

In this article, the authors make the case that more efficient mechanisms to share evidence across borders are needed to address the threat of transnational cybercrime.

Antitrust

Labor Pains: Taking Stock of Criminal Antitrust Enforcement Against Wage-Fixing and No-Poach Agreements

Carsten Reichel

The article tracks developments in DOJ’s efforts to criminally enforce antitrust laws in labor markets since April 2022, when it sustained losses in its first wage-fixing and no-poach trials.

Human Rights

From the Front Lines of Serving Abortion Seekers’ Legal Needs, a Call to the Legal Profession

Sara L. Ainsworth and Farah Diaz-Tello

After the fall of Roe, the challenge to lawyers is not only to prepare to defend people who are criminalized for their reproductive decisions or for helping others access abortion care, but to distill from this rapidly evolving legal landscape where,

Criminal

Ten Takeaways for a Successful Career—A Spotlight on Janet Levine

Judge Rachel L. Pickering

A review of Janet Levine’s esteemed career provides ten takeaways for achieving a successful and meaningful career.

From the Chair

Criminal

The Honor of a Lifetime

Justin Bingham

CJS Chair Justin Bingham shares his final column as Criminal Justice Section Chair. The pandemic seems to have changed our relationship with time.

Book Review

Criminal

Recent Reads

Jolie Zangari

Several books, including Advanced Interviewing Techniques, Fourth Edition: Proven Strategies for Law Enforcement, Military, and Security Personnel, and 18 Tiny Deaths: The Untold Story of the Woman Who Invented Modern Forensics, are reviewed.

Cert Alert

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. The term’s early criminal-docket decisions have favored defendants.

Criminal Justice Matters

Criminal

The Accused’s Decision to Testify

J. Vincent Aprile II

The myriad factors that impact an accused’s decision to testify in any case are discussed. The media coverage of the recent criminal trial of Alex Murdough caused many, both lawyers and nonlawyers, to comment on Mr. Murdough. . . .

Ethics

The Right to (Unbiased) Counsel

Peter A. Joy and Kevin C. McMunigal

Whether a defense lawyer being biased against the accused on the basis of race and religion renders assistance of counsel ineffective is an unanswered question.

Mental Health

Criminal

Take This Job and Show It: Acknowledging One’s Actual Role on the Legal Team

Eric Y. Drogin

Role confusion can occur in the course of criminal defense representation, but here’s how counsel can consult with a reputable forensic mental health professional.

Public Defense

Do Prosecutors Have a Voice in Public Defense?

Mark Pickett

Public defense funding is often a hotly contested topic, but should prosecutors have a say? In a legal system built on adversarialism, ex parte communications are typically forbidden.

Scientific Evidence

Evidence

There—They’ve Said It Again—No Science in Bitemark Comparison

Jules M. Epstein

The debate about whether bitemark comparison is admissible evidence continues. Courts still “buy” bitemark comparison evidence as admissible and a valid tool for determining guilt.

Trial Tactics

Trial Practice

Rule 414 and Detailed Evidence

Stephen A. Saltzburg

When Rule 414 evidence is offered in a child molestation case, the court must determine whether the danger of unfair prejudice substantially outweighs the probative value of the evidence.

Women in Criminal Justice

Attorneys of Color

Reflections by a Sister in Law: 40 Years in Practice and Counting

Denise Langford Morris

Judge Denise Langford Morris (Ret.), who served on the Oakland County, Michigan, Circuit Court for 30 years, shares her experiences on the ABA CJS Women’s Task Force.

Section News

Criminal

Spring Meeting Highlights

Kyo Suh

Updates on recent CJS events, podcasts, publications, and member news are provided. The ABA Criminal Justice Section held its 2023 Spring Meeting on April 20–22 in Memphis, Tennessee.

Renew Your ABA Membership

Criminal Justice Summer 2023 | White Collar Crime Symposium

Cryptocurrency: Anti-Money Laundering Enforcement and Regulation

Features

Uncivil Procedure: The Need for Heightened Due Process Protection in SEC Enforcement Prosecutions

DOJ's Focus on Corporate Criminal Enforcement Continues Under Biden Administration

Access Controls: The Need for Improved International Evidence Sharing in Cybercrime Investigations

Labor Pains: Taking Stock of Criminal Antitrust Enforcement Against Wage-Fixing and No-Poach Agreements

From the Front Lines of Serving Abortion Seekers’ Legal Needs, a Call to the Legal Profession

Ten Takeaways for a Successful Career—A Spotlight on Janet Levine

From the Chair

The Honor of a Lifetime

Book Review

Recent Reads

Cert Alert

Supreme Court Cases of Interest

Criminal Justice Matters

The Accused’s Decision to Testify

Ethics

The Right to (Unbiased) Counsel

Mental Health

Take This Job and Show It: Acknowledging One’s Actual Role on the Legal Team

Public Defense

Do Prosecutors Have a Voice in Public Defense?

Scientific Evidence

There—They’ve Said It Again—No Science in Bitemark Comparison

Trial Tactics

Rule 414 and Detailed Evidence

Women in Criminal Justice

Reflections by a Sister in Law: 40 Years in Practice and Counting

Section News

Spring Meeting Highlights

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Criminal Justice Summer 2023 | White Collar Crime Symposium

Cryptocurrency: Anti-Money Laundering Enforcement and Regulation

Features

Uncivil Procedure: The Need for Heightened Due Process Protection in SEC Enforcement Prosecutions

DOJ's Focus on Corporate Criminal Enforcement Continues Under Biden Administration

Access Controls: The Need for Improved International Evidence Sharing in Cybercrime Investigations

Labor Pains: Taking Stock of Criminal Antitrust Enforcement Against Wage-Fixing and No-Poach Agreements

From the Front Lines of Serving Abortion Seekers’ Legal Needs, a Call to the Legal Profession

Ten Takeaways for a Successful Career—A Spotlight on Janet Levine

From the Chair

The Honor of a Lifetime

Book Review

Recent Reads

Cert Alert

Supreme Court Cases of Interest

Criminal Justice Matters

The Accused’s Decision to Testify

Ethics

The Right to (Unbiased) Counsel

Mental Health

Take This Job and Show It: Acknowledging One’s Actual Role on the Legal Team

Public Defense

Do Prosecutors Have a Voice in Public Defense?

Scientific Evidence

There—They’ve Said It Again—No Science in Bitemark Comparison

Trial Tactics

Rule 414 and Detailed Evidence

Women in Criminal Justice

Reflections by a Sister in Law: 40 Years in Practice and Counting

Section News

Spring Meeting Highlights

ABA Resources

The ABA

Connect