Criminal Justice Section  


Criminal Justice Magazine
Summer 2004
Volume 19 Number 2


By Patrice McFarlane

Patrice McFarlane, is staff counsel to the Criminal Justice Section.

Join Us in Atlanta
The 2004 ABA Annual Meeting will be held August 5–10, 2004, in Atlanta, Georgia. The Criminal Justice Section will be headquartered in the Hyatt Regency Hotel and most of the Section’s activities will take place August 6–8. The Council will meet on Saturday, August 7, and Sunday, August 8. The Section’s continuing legal education programs will include: (1) “Justice for Four Little Girls: The Prosecution of the 1963 Bombing of the 16th Street Baptist Church,” (2) “Annual Survey of Supreme Court Decisions—Criminal Cases,” (3) “The ABA’s Role in Eliminating Erroneous Convictions,” and (4) “It takes a Village to Sound Gideon’s Trumpet: Defining the Role of the Bar in Systemic Indigent Defense Reform.” A variety of programs and committee meetings will be held throughout the weekend.

Spring Meeting Held in Palm Springs
The Section Council held its Spring Meeting in Palm Springs, California, on April 17–18. The Council approved the proposed ABA Standards for Criminal Justice: Speedy Trial and Timely Resolution of Criminal Cases; approved five recommendations submitted by the Innocence Committee (Ineffective Defense Counsel, Best Prosecutor Practices, Scientific Evidence, EyeWitness Testimony, and Improved Law Enforcement Training and Management); and approved the recommendation on the SAFE Act.
The Book Publishing Committee, Ad Hoc Committee on Women in the Criminal Justice Community, Prosecution Function Committee, Defense Function Committee, Corrections and Sentencing Committee, and Innocence Committee met on Friday, April 16. The Section sponsored a CLE program entitled “Asset Forfeiture: Practice and Procedures in State and Federal Courts.” The featured speaker was Dee Edgeworth. Since 1990, he has been the lead attorney of the asset forfeiture unit of the San Bernardino County, California, district attorney’s office. For information on the Council activities, committee meetings, or the CLE program, contact Section director, Tom Smith, at (202) 662-1510.

Amicus Brief
In response to the request of the Criminal Justice Section, the ABA filed an amicus brief in Kowalski v. Tesmer (No. 03-407), currently before the U.S. Supreme Court. The main issue in the case is whether the Due Process Clause or Equal Protection Clause of the Fourteenth Amendment prohibits a state from denying appointed appellate counsel to an indigent criminal defendant who has pleaded guilty and who (under state law) does not have an absolute right to appeal, but rather must seek leave to appeal. The proposed brief will cite the ABA Standards for Criminal Justice on Criminal Appeals and on Providing Defense Services.

Money Laundering Enforcement Seminar
Make plans now to attend the premier event for those at the forefront of the financial war against terrorism—the ABA/ABA Money Laundering Enforcement Seminar. For the 16th consecutive year, this seminar, cosponsored by the ABA Criminal Justice Section and the American Bankers Association, will convene the nation’s top legal and financial services antimoney laundering experts along with senior regulatory officials. Nowhere else will you find answers to your toughest challenges delivered by the leading authorities on antimoney laundering strategies, guidance and solutions. To register, call 1-800-BANKERS or visit the ABA Criminal Justice Section calendar at The seminar will be held October 24–26, 2004, in Arlington, Virginia—just minutes from our nation’s capital.

Harvard Wins Trial Advocacy Competition
The law student trial team from Harvard Law School won the 14th Annual National Criminal Justice Trial Advocacy Competition held in Chicago on April 1–3, 2004. The competition is cosponsored by The John Marshall Law School of Chicago and the Criminal Justice Section. Section Past-Chair Ronald C. Smith is the competition director. For information on future competitions, contact Professor Smith at (312) 987-1444.

Juvenile Justice Committee
The Section’s Juvenile Justice Committee held its spring meeting in New Orleans, on April 2–3, 2004. In conjunction with the meeting, a very informative continuing legal education program was held on “Evaluating Youth Competence in the Justice System.” The next meeting will be held in Atlanta on Sunday, August 8, 2004, in conjunction with the ABA Annual Meeting. For further information, contact Mary Ann Scali at the Section’s Juvenile Justice Center at (202) 662-1753.

ABA Justice Kennedy Commission
The ABA Justice Kennedy Commission has submitted a series of policy recommendations to the ABA House of Delegates for consideration at its August 9–10, 2004, meeting in Atlanta. The series of recommendations relate to: (1) racial disparity in the criminal justice system, (2) sentencing policy, (3) punishment and incarceration, (4) prisoner reentry, and (5) clemency, sentence reduction, and restoration of rights.

ABA American Jury Project
Robert Grey, ABA president-elect, has announced the inauguration of the ABA American Jury Project. Judge Catherine Anderson of Minneapolis, Minnesota, will be a vice-chair of the project. Terence F. MacCarthy, the Federal Defender for the Northern District of Illinois and a former Section chair, will be on the project’s board. The project will review and update the many existing ABA standards related to juries. They will be published in a comprehensive book intended to be more accessible and usable by judges, attorneys, jury administrators, and others. The project will also assess ways to make jury service more appealing to citizens.

The Link Available
The summer 2004 edition of The Link, the ABA Criminal Justice Section’s publication for criminal justice entities of state and local bars, has been published. Copies may be obtained from Patrice McFarlane, Section staff counsel, at the Section offices (202) 662-1516.

Deborah Rhodes, counselor to the assistant attorney general for the Criminal Division at the United States Department of Justice, has been designated by the department as its representative to the ABA Criminal Justice Section Council. She replaces Eric Jaso, who is now an assistant United States attorney for the District of New Jersey.
Mathias Heck, prosecuting attorney of Montgomery County (Dayton), Ohio, was appointed by the National District Attorney’s Association to serve as a member of the ABA Criminal Justice Section Council. He replaces Kevin Meenan.
Laurie Robinson, former Section director and former assistant attorney general of the United States, has been named head of the University of Pennsylvania’s new professional Master of Science Program in Criminology.

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