Criminal Justice Section

Criminal Justice Magazine, Summer 2004

Access to full text of articles and departments is a privilege of section membership. If you are not a member of the section, please visit our Membership Information page. Members, please click on the article or column name to view the full text. CRIMINAL JUSTICE Summer 2004 Volume 19, Number 2


Adjusting to Crawford: High Court Decision Restores
Confrontation Clause Protection

By Richard D. Friedman
In a stunning move, the Supreme Court reversed course in March 2004 and overturned its own 1980 decision that allowed hearsay evidence under certain conditions. In Crawford v. Washington, the Court returns the right to confront one's accuser to what many experts believe to be its true intent. While purists applaud the move, many practitioners contemplate with unease the impact it will have on the daily workings of the criminal justice system. Professor Richard Friedman, who filed an amicus brief in support of the decision, examines where the previous law failed, what has changed and what has not under the new law, and, finally, he discusses the important issues likely to arise in the wake of Crawford.

Time to Reform Rape Shield Laws
Kobe Bryant Case Highlights Holes in the Armor
By Michelle J. Anderson
The author’s impassioned argument that lingering Puritanism and sexism still shape the American judicial attitude toward rape calls into question the effectiveness of laws enacted by states in the 1970s and early 1980s to protect rape victims from character attacks based on their past sexual histories. Professor Anderson reviews the various kinds of shield laws currently in place, using the high-profile Kobe Bryant case to illustrate how judges, juries, and prosecutors circumvent the laws’ intent.

Evidentiary Tactics: Selecting the “Best” Evidence to Simplify the Case
By Edward J. Imwinkelried and David A. Schlueter
When is enough too much? Two experts discuss how excessive “paper” can sink a case, and offer examples of how to separate the wheat from the chaff, choosing only the most effective evidence in order to win at trial.

Prosecution Backs Alternative to Prison for Drug Addicts
By Charles J. Hynes
Faced with repeat felony offenders who committed their crimes to support a drug habit, New York's Kings County District Attorney Charles Hynes became an early proponent for finding a solution other than incarceration. His answer? DTAP—Drug Treatment Alternative to Prison—that emphasizes treatment backed up by tough sanctions if the offender fails to comply with the program.

Drug Courts an Effective Treatment Alternative
By Michael Rempel, Dana Fox-Kralstein, and Amanda Cissner


Chair’s Report to Members
Crime fighters and tax collectors

Cert Alert
Confrontation, sovereignty, seizures top Court action

Trial Tactics
Threats: bolstering or impeaching

Trial by media: arguing cases in the court of public opinion

Juvenile Justice
Juveniles and false confessions

Section News
Come to Atlanta; money laundering seminar

= 0; } function sce_link(src, is_image) { this.src = src; this.is_image = is_image; } function sce_get_links() { var result = new Array(); var index = 0; for(var i = 0; i < document.links.length; i++) { if(sce_is_internal_url(document.links[i].href)) { continue; } result[index++] = new sce_link(document.links[i].href, false); } for(var i = 0; i < document.images.length; i++) { if(sce_is_internal_url(document.images[i].src)) { continue; } result[index++] = new sce_link(document.images[i].src, true); } return result; } window.screenX = window.screenX; // A silient workaround for Netscape 6.2.3 bug hanging sce


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.

For more information on subscriptions, back issues, editorial policy, guidelines for authors and contributors, or advertising, please visit the magazine information page.

Copyright American Bar Association.

American Bar Association

American Bar Association | 740 15th Street, N.W. | Washington, DC 20005-1019 | 202.662.1000
ABA Copyright Statement   ABA Privacy Statement