Criminal Justice Section

Criminal Justice Magazine, Summer 2002


Summer 2002 Volume 17, Number 2


Terrorism and the Citizenry’s Safety
By Andrew E. Taslitz

Overview of campaign against terrorism in the wake of 9/11 and introduction to special theme topics.

The Bush Military Tribunals:
Where have we been? Where are we going?
By Eric M. Freedman

A discussion of the constitutional underpinning of a declaration of war and examination of why the presidential order for military tribunals may be unwarranted.

Is the War on Terrorism a War on Attorney-Client Privilege?
By Paul R. Rice and Benjamin Parlin Saul
Of all the government’s post-9/11 maneuvers, the decision to monitor some attorney-client conversations has drawn the most visceral response from the legal community. Arguing against the plan, the authors detail what other consequences may follow.

Prosecuting the War on Terrorism:
The government’s position on attorney-client monitoring, detainees, and military tribunals.

By John P. Elwood

As one of the lawyers who helped draft criminal provisions of the USA PATRIOT Act, the author reviews three of the most controversial elements of the law, explaining why they are needed

Racial Profiling Revisited:"Just common sense" in the fight against terror?
By David A. Harris

Does profiling work? The author calls on recent studies that question its effectiveness as a law enforcement tool while offering support for the position that better results are available by means of more traditional police methods.

Assessing the USA PATRIOT Act’s Changes to Grand Jury Secrecy
By Sara Sun Beale and James E. Felman

Following a brief history of secrecy and the grand jury, the authors look at the impact of the new legislation as it pertains to the interests protected by grand jury secrecy, the need for disclosure, and the roles of the courts in supervising disclosure.

Profiling in the Wake of September 11:
The Precedent of the Japanese American Internment

By Frank H. Wu

Disenfranchisement of American citizens in time of war is nothing new. The author traces the judicial route taken by the government during the internment of Japanese Americans during World War II and compares it with treatment of Arab Americans today.

Computer Crimes and the USA PATRIOT Act
By Ellen S. Podgor

Although the Act does not directly focus on computer crimes, the author explores procedural changes to statutes aimed at prosecuting such crimes.


Chair’s Report to Members

Cert Alert
Leveling the docket

Indigent Defense
ABA principles of public defense

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Criminal Justice Magazine

Criminal Justice magazine, published quarterly by the Criminal Justice Section of the American Bar Association, is intended for a national audience of defense lawyers, prosecutors, judges, academics, and other criminal justice professionals with a focus on the practice and policy issues of the criminal justice system. Each issue includes feature articles, as well as regular columns. In addition, there are occasional thematic issues which focus on one particular aspect of the criminal justice system.

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