Articles in this Issue

1. Behind Closed Doors: No Sixth Amendment Right During Pre-Indictment Witness Depositions

   Behind Closed Doors Thomas K. Maher, Christopher Fialko August 2001 42 No Sixth Amendment Right During Pre-Indictment Witness Depositions Grand jury proceedings are investigative, and petit jury proceedings are adversarial. The Sixth Amendment does not afford a target of an investigation any righ

   Thomas K. Maher and Christopher Fialko

2. Book Review: Who Owns Death? Capital Punishment, the American Conscience, and the End of Executions

   Book Review Jon M. Sands August 2001 33   Who Owns Death? Capital Punishment, the American Conscience, and the End of Executions By Robert Jay Lifton and Greg Mitchell William Morrow (2000), 270 Pages; $25 (Hardcover) Reviewed by Jon M. Sands The Death Penalty, be not Proud Although capita

   Jon M. Sands

3. Death Watch

   Death Watch Sheryl Marsh August 2001 12 This article appeared in a series in the Decatur Daily and is reprinted with permission. Drinkard Innocent in Retrial After being behind bars seven years and 10 months, and on Alabama's death row five years, Gary Wayne Drinkard is a free man. A Morgan Cou

   Sheryl Marsh

4. DWI: The Great .08 Debate

   DWI Edward L. Fiandach August 2001 37 The Great .08 Debate In 1938, the National Safety Council Committee on Tests for Intoxication described a correlation between blood alcohol and the degree to which the subject would be physiologically affected. Establishing three “zones of influence,” the stu

   Edward L. Fiandach

5. Going Home

   Going Home Edward A. Mallett August 2001 7 Today, as I pen my last column, I'm thinking: What would it be like to be a child without parents, living in a strange land? The Academy Award-winning Documentary this year, “Into the Arms of Strangers,” chronicles the “Kindertransport.” In the 1930s, ov

   Edward A. Mallett

6. Great Moments in Courtroom History

   Great Moments in Courtroom History Charles M. Sevilla August 2001 16   Capital Sans Capital (Daniel Gunther, San Francisco, CA) In a two paragraph opinion, the Fifth Circuit affirms the Western District of Texas' grant of habeas relief. “We have read the record, read the briefs, and heard oral

   Charles M. Sevilla

7. Hard Times with Hard Drives: Paperless Evidence Issues That Can't Be Papered Over

   Hard Times with Hard Drives: Paperless Evidence Issues That Can't Be Papered Over David F. Rxelrod; James E. Phillips; Kevin R. Conners August 2001 18 Computers have rapidly become the dominant form of record creation and a leading form of record retention. The storage of documents electronically cr

   David F. Rxelrod; James E. Phillips; Kevin R. Conners

8. Legislation

   Legislation Kyle O'Dowd August 2001 36 Wake Up Call for Justice: The Innocence Protection Act TEN YEARS AGO, ON A COLD DARK NIGHT SOMEONE WAS KILLED 'NEATH THE TOWN HALL LIGHT. THERE WERE FEW AT THE SCENE, BUT THEY ALL AGREED THAT THE SLAYER WHO RAN LOOKED A LOT LIKE ME. Johnny Cash, The Long

   Kyle O'Dowd

9. NACDL News

   NACDL News Daniel Dodson August 2001 8   O'Connor statement, new laws in three states give hope for ban on execution of retarded Justice Sandra Day O'Connor's recent remarks at a meeting in Minneapolis, citing 90 death row exonerations since 1973, indicate a growing sensitivity to problems with

   Daniel Dodson

10. Northern Lights: Shocking the Canadian Conscience in Extradition

    Northern Lights Leslie Pringle, Steven Skurka August 2001 45   Shocking the Canadian Conscience in Extradition One basis for resisting extradition from Canada is that the proceedings would amount to an abuse of process that would shock the Canadian conscience. Until quite recently, there wasn't

    Leslie Pringle and Steven Skurka

11. Public Defense: Inadequate Resources For PDs in Pennsylvania County

    Indigent Defense Kate Jones August 2001 35   Inadequate Resources For PDs in Pennsylvania County The National Association of Criminal Defense Lawyers and the American Civil Liberties Union (ACLU) have aligned to address inadequate funding and resources for the Venango County Public Defender Off

    Kate Jones

12. RICO Report

    RICO Report Barry Tarlow August 2001 49   Fee Payments as 18 U.S.C. § 1957 Money Laundering Who better for the government to use as a vehicle for prompting ill-advised pronouncements of law than an unsympathetic convicted felon who surrounded himself with colorful, unsavory characters. But, wha

    Barry Tarlow

13. Toxic Words Poison

    Toxic Words Poison Sunwolf August 2001 28   How Courts Co-Opt Defense Attorneys into Using Language that Facilitates Conviction Thoughts on Facilitating De-Caging: A creature, human or otherwise, that has had its freedom compromised has been degraded. In a subconscious reaction that combines g

    Sunwolf