Your State Has a Constitution. Why Not Use It?
With decreasing confidence in the United States Supreme Court, litigants are rediscovering state constitutions as a vital source of protecting individual rights.
Spring 2025
Volume 40, Issue 1
Features
Key Variations in State Grand Jury Secrecy Rules and What They Mean for Criminal Defendants
Key ways in which state grand jury secrecy rules differ from one another and the federal rule are discussed. Practical tips are provided for criminal defendants and those who represent them to obtain…
Antitrust Enforcement in Government Procurement: A Look at Enforcement Trends at the Five-Year Anniversary of the Antitrust Division’s Procurement Collusion Strike Force
The Procurement Collusion Strike Force investigates and prosecutes antitrust and fraud in government procurement. Recent changes in resource allocation warrant increased compliance awareness for comp…
Cyber Sexual Misconduct: The Evolution of Sexual Privacy Laws and Best Practices for Representing Victims
Effective practices for representing victims of cyber sexual offenses--including revenge porn, sextortion, and cyberflashing--are discussed with an explanation of trauma-informed lawyering, preservat…
Prosecutorial Workload: The Hidden Crisis in Criminal Justice
The article outlines the shortfall of prosecutorial resources, the need for research on prosecutorial caseloads and workload, and describes the method for studying these issues.
Practical Steps for Conducting a Corporate Internal Investigation (UK)
Key considerations for corporate internal investigations are discussed, including circumstances prompting launching an internal investigation, selection of an investigative team, legal professional p…
From the Chair
CJS Resolutions
CJS Chair Sidney Butcher shares updates from the CJS, as well as a look ahead at section events still to come in 2025.
Book Review
Recent Reads: The Case for Eyewitness Identification Reform
Several recent criminal justice books are reviewed, including titles from professional practice, memoir, and fiction genres.
Cert Alert
Supreme Court Cases of Interest
This column analyzes criminal cases on the Supreme Court’s merits docket. It identifies recent grants of certiorari, discusses oral arguments and decisions, and highlights emerging trends.
Criminal Justice Matters
Navigating the Ethical Pitfalls of Lawyer Listservs
ABA Formal Opinion 511, “Confidentiality Obligations of Lawyers Posting to Listservs,” cautions lawyers about the misuse of listservs. Yet most listservs provide little or no guidance about how to en…
Guest Column
Data Can Inform Criminal Justice Policy and Keep Communities Safe
Through a unique public-private partnership, Innovative Prosecution Consulting/American University launched a transformative data program with the Fairfax County (VA) Commonwealth Attorney’s Office,…
Mental Health
The Role of Courtroom Histrionics in Trial Competency Hearings
Examine how a prosecutor might consult with a reputable mental health professional about less-than-optimal techniques for managing dramatic testimony in the context of a trial competency hearing.
Scientific Evidence
Does Science Condone “Eye”-dentifications?
Witnesses in court claim the ability to identify a person by features such as their gait or a distinctive tattoo. But can they do so simply by a memory of the subject’s eyes, if the eyes are visible…
Trial Tactics
Circumstantial Authentication of Video Evidence
The Supreme Court of Maryland provided useful guidance on alternative ways of authenticating video evidence in Mooney v. State, 487 Md. 701, 321 A.3d 91(2024).
Ethics
Ethics Penalties for Trump’s “Stop the Steal” Lawyers
A cohort of lawyers directed bogus election fraud cases filed across the country on behalf of former president Donald Trump. How have ethics authorities in various jurisdictions dealt with these lawy…
Public Defense
Public Defenders Face New Struggles Amid Changing Political Landscape
As Trump reenters the White House for a second term, lawyers in all specialties must deal with the reality of how Trump’s agenda will affect their practice area.