Criminal Justice Section

Criminal Justice Magazine, Winter 2006


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 Winter 2006 Volume 20, Number 4


In the Wake of Caballes, Should We Let Sniffing Dogs Lie?

By Richard E. Myers II

It is doubtful that the Founding Fathers had the likes of Rover and Spot in mind when they crafted the Fourth Amendment. But dogs are now essential elements of some search and seizure operations, especially when drugs are the target. The author contends that the recent Illinois v. Caballes decision, affirming the legality of using narcotic-sniffing dogs to search stopped cars regardless of suspicion or probable cause, requires the courts to fully understand how these canine sleuths work. The article reviews the Supreme Court decision and suggests methods for properly evaluating the dogs, their handlers, and the evidence they produce.

Convicting the Guilty, Acquitting the Innocent: Recently Adopted ABA Policies

By Myrna S. Raeder, Andrew E. Taslitz, and Paul C. Giannelli

The authors, all members of the Criminal Justice Section’s Ad Hoc Innocence Committee, discuss the last four of nine proposals adopted by the ABA to ensure that the American legal system convicts the guilty and prevents the wrongful conviction of the innocent. (The first five proposals were discussed in an earlier issue of the magazine.) The authors address the following concerns: systemic remedies, jailhouse informants, defense counsel practices, and compensation for those wrongfully convicted.

ABA Files Amicus Brief in Actual Innocence Case

By Rory K. Little

An overview of the brief filed in House v. Bell, in which significant new evidence, acquired by test methods not available at the time of the trial, casts doubts on the guilt of an individual convicted of murdering his neighbor.

Strategies for Challenging Police Drug Jargon Testimony

By Joëlle Anne Moreno

The author, a professor at New England School of Law, contends that judges are so enamored of police opinion testimony as applied to translating purported drug jargon that they fail to stringently apply the Federal Rules of Evidence and the Federal Rules of Criminal Procedure, creating an unfair advantage for prosecutors. Professor Moreno examines the history and case law that led to this situation and suggests methods defense can use to blunt or limit such testimony.

Using Juvenile Delinquency Adjudications to Enhance an Adult’s Sentence

By Amy Suzanne Martin

The winning entry in the 2005 William W. Greenhalgh Student Writing Competition, sponsored by the Criminal Justice Section, looks at the question of whether a defendant’s prior nonjury juvenile adjudications can be considered as prior convictions for the purposes of enhancing his or her sentence as an adult.


Chair’s Report to Members: Diary of a Trial Lawyer: The Client

Criminal Justice Matters: FBI Abandons Bullet Lead Analysis: Who Will Undo This Travesty of Justice?

Juvenile Justice: Judges Release Guidelines on Delinquency Proceedings

Trial Tactics: Guilt Assuming Hypotheticals: Basic Character Evidence Rules

Ethics: Destroying Documents

Cert Alert: New Term, New Cases Face Supreme Court

Federal Sentencing: Practice Tips: Part 1

Federal Rules Alert: Who Makes the Rules?

Section News: DNA, Immigration, Juvenile Justice Focus of Fall Meeting

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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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