The Many Legacies of Sandra Day O’Connor
In this article, one of Justice O’Connor’s former law clerks shares his thoughts on her many legacies.
Fall 2024
Volume 39, Issue 3
Features
Recent DOJ Guidance on Corporate Compliance: What Does That Mean for You?
The DOJ announced policy updates to assess the effectiveness of corporate compliance programs and boost cooperation. This article discusses the evolution of these policies and provides practical tips…
Clemency in 2024
Given the historical and symbolic role of clemency in our criminal justice system, particularly at the federal level, a broad revival would make criminal law more robust, balanced, and just.
The Differences Between Appointed and Retained Counsel in Criminal Cases
Whether criminal defendants are appointed counsel or if they hire their own lawyers depends primarily upon their financial ability to pay. This article explains the differences between retained and a…
America’s Continuing Experiment with Lethal Injection Executions
Lethal injection is the most common method of executing prisoners in the USA, touted as a humane and painless method. The medical evidence suggests that prisoners are experiencing profound distress a…
Unseen Scars: How Racism and Trauma Intersect in the Courtroom
Trauma and racism intersect in the criminal justice system, impacting mental health and behavior. Trauma-informed approaches to law and sentencing address the root causes of crime, aiming for rehabil…
From the Chair
Remembering Neal Sonnett
New CJS Chair Sidney Butcher presents his inaugural column, including a tribute to the late Neal Sonnett.
Courageous Leadership
Clearing the Path to Wellness for Black Women Leaders in the Criminal Legal System
The leadership journey for Black women in criminal justice can come at a cost to their personal and emotional well-being because the work is often both professional and personal.
Book Review
Recent Reads
Several recent criminal justice books are reviewed, including titles from professional practice, true crime, and fiction genres.
Cert Alert
Supreme Court Cases of Interest
A summary of the Supreme Court’s recent criminal law opinions and cert grants to date is provided, along with a look at upcoming issues.
Criminal Justice Matters
Judicial Recusal and the Duty to Disclose
Both judges and lawyers share the responsibilty of judicial recusal when aware of a disqualifying conflict, whether sua sponte or at the request of one of the parties.
Ethics
May a Defense Lawyer Cross-Examine a Former Client?
A defense lawyer may have previously represented a prosecution witness in a prior, unrelated criminal case. What ethical obligations result when cross-examining a witness in such a situation?
Mental Health
Forensic Report Writing and Collateral Records: Hostage Crisis or Due Diligence?
Criminal practitioners appreciate thoroughness on the part of forensic mental health evaluators, but we are entitled to request a final report whether all collateral records sought by our experts hav…
Public Defense
Public Defense Reform Continues to Be a Political Wedge Issue
Some states, despite widespread and recent news coverage of overworked and underpaid public defenders all over the country, have recently turned down opportunities for basic reform or even took steps…
Scientific Evidence
Slow Motion Video—New Jersey Speaks
The use of video footage in criminal cases is ubiquious. With its increased availability comes the matter of how it is displayed in the courtroom. One method of concern is to play the video in real t…
Trial Tactics
Conspiracy Evidence: Plausible Connections
A case discussion is pvided that illustrates the standard a trial judge must use in evaluating the government’s argument that evidence is intrinsic to charged offenses: As long as the jury could find…
Section News
Section News: Annual Meeting Programs
Updates on recent CJS meetings, CLE, events, podcasts, publications, and member news are provided by CJS staff.