Criminal Justice Section

Criminal Justice Magazine, Summer 2003

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CRIMINAL JUSTICE Summer 2003 Volume 18, Number 2 FEATURES

Gideon's Reality: After Four Decades, Where Are We?
By Stephen B. Bright

An overview of where the criminal justice system stands 40 years after the landmark case of Gideon v. Wainwright that granted defendants in criminal trials the right to legal representation. An impassioned voice for the individual facing the power of the state, the author examines in detail the distance yet to go to fulfill the promise of the law.

The Right to Defense Experts
By Paul C. Giannelli

The necessity for expert witnesses should be evident in this post-DNA era, argues the author - a law professor at Case Western Reserve University Law School and authority on forensic evidence - but the inequity of resources between the prosecution and defense means defendants are routinely denied such help. He examines the impact the 1985 case of Ake v. Oklahoma had on subsequent claims to the right to expert testimony.

Still Seeking the Promise of Gault: Juveniles and the Right to Counsel
By Robert E. Shepherd, Jr.

Gerald Gault was 15 when he was sentenced to six years' confinement for making a lewd telephone call. Without legal representation, the youth understood little of the trial's proceedings, except, as the author writes, that his sentence was "more years than he could count on one hand." This article traces the history of a juvenile's right to counsel and looks at how it is faring in today's "get tough" society.

Fingerprint Identification: A Valid, Reliable "Forensic Science"?
By Andre A. Moenssens

A law professor and former latent print examiner, the author explains why he believes fingerprint analysis is a solid evidentiary tool, traces its scientific background, and reviews the pertinent court cases, including Daubert and Llera Plaza I and II.


Chair's Report to Members
A wave and a wish

Cert Alert
Exclusionary rule under review

Trial Tactics
Closing argument vouching: crossing the line

Has Gideon's promise been fulfilled?

Criminal Justice Matters
Present at the Creation: The right to effective assistance of appellate counsel

Section News
Spring meeting in San Antonio


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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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