Criminal Justice Section

Criminal Justice Magazine, Spring 2007

CRIMINAL JUSTICE SPRING 2007 Volume 22, Number 1


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The Fifth Amendment and the Grand Jury

By Sara Sun Beale and James E. Felman

Inherent in the nature of the grand jury process is the tension between the jury’s need forevidence and a witness’s concern about self-incrimination. As the authors explain in thisconcise review of the existing law, Fifth Amendment privilege is still unsettled at both thefederal and state levels. Discussed here are subpoenas to individuals for testimony and documents, subpoenas to records custodians for testimony and documents, and subpoenas torecords custodians to former employees.

Confrontation Clause Analysis After Davis

By Myrna S. Raeder

The Supreme Court’s decision in Crawfordset trial practice on its ear, especially when itcame to determining when 911 calls or excited utterances are admissible in court. Thequestion is particularly important in cases of domestic violence where victims are oftenuncooperative and do not appear at trial. In this article, Prof. Myrna Raeder, of Southwestern University Law School, looks at the impact of Davis v. Washington, a deci-sion that was expected to settle the controversy.

An Irony: Greater Protection of Individual Rights Now Found in State Courts

By Arthur L. Burnett, Sr.

Where once most lawyers and citizens perceived greater protection of individual rightsunder the federal Bill of Rights, Judge Burnett argues in this article that in today’s courts, itis the reverse—state constitutions often afford defendants greater rights as state courtsassert their independence of “the rising and falling tides of federal case law.” (Oregon Supreme Court in State v. Kennedy.)

Will Your Criminal Justice System Function in the Next Disaster?

By Mary L. Boland

Both 9/11 and Hurricane Katrina temporarily crippled the criminal justice system in theirrespective locales. Heeding the lessons to be learned from these disasters, the ABA’sCriminal Justice Section hosted a conference in 2006 on disaster preparedness for lawyers,judges, and others involved in the administration of the criminal justice system. This articlereports on those findings and offers a wealth of information and resources to aid in bluntingthe impact of such upheavals.

The Limitations of Fingerprint Identifications

By Drew Newman

Once considered “infallible,” fingerprint evidence in criminal investigations is receiving fail-ing marks from some experts. Here the author reviews the history of fingerprint analysis,what critics are saying, and what the future holds.


Chair’s Counsel: The Value of Discretion

Scientific Evidence: Bite Mark Evidence

Cert Alert: Supreme Court Review

Ethics: Implicit Plea Agreements and Brady Disclosure

Federal Rules Alert: How Rules Are Made:A Brief Overview

Trial Tactics: Improper Use of the Trial Judge as Voucher

Juvenile Justice: Is Another Juvenile Crime Wave in the Offing?

Federal Sentencing: Bureau of Prisons Revamps Prison Designation Process

Book Review: Relief from the Web of Invisible Punishment

Section News: Midyear Meeting Highlights

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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