December 2001

December 2001

 

Articles in this Issue

  1. Appellate Advocacy: Addendum and Appendices To Your Brief

    Appellate Advocacy G. Fred Metos December 2001 41 Addendum and Appendices To Your Brief Practitioners often regard an addendum or an appendix to a brief as a sort of necessary evil. They may treat the required addendum or appendix as the creation of some judge who simply wanted to make the life o

  2. Book Review: Examination and Cross-Examination of Experts in Forensic Psychophysiology Using the Pol

    Book Review Dick Wheelan December 2001 50   Examination and Cross-Examination of Experts in Forensic Psychophysiology Using the Polygraph By James Allan Matte, PH.D. J.A.M. Publications, 43 Brookside Drive, Williamsville, New York 14221-6915 http://www.mattepolygraph.com , 43 Pages (Hardcover)

  3. Death Watch

    Death Watch Chris Adams December 2001 10   Georgia Supreme Court Finds Electric Chair Is Unconstitutional Finding that electrocution “inflicts purposeless physical violence and needless mutilation that makes no measurable contribution to accepted goals of punishment,” The Georgia Supreme Court

  4. Do the Recent 'Antiterrorism' Proposals Violate Our Constitution?

    Do the Recent 'Antiterrorism' Proposals Violate Our Constitution? David O. Markus, Milton Hirsch December 2001 36   YES by David O. Markus They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. —Benjamin Franklin Because the ev

  5. DWI: Cross-Examination of the State's Blood Test Expert

    DWI Steven Oberman December 2001 46 Cross-Examination of the State's Blood Test Expert Cross-examining an expert witness is a daunting task, even to the experienced lawyer. To alleviate the stress and strain of the impending cross-exam, there is no substitute for preparation. After all, before yo

  6. Grid & Bear It: The Conundrum of Discussing Cooperation with Defendants

    Grid & Bear It Sigmund G. Popko, Jon M. Sands December 2001 53     The Conundrum of Discussing Cooperation with Defendants There must be someway out of here, Said the Joker to the Thief, There's too much confusion, I can't get no relief - — Bob Dylan All Along the Watchtower

  7. Jury Instruction Corner: Juror Anonymity: Issues And Instructions

    Jury Instruction Corner Thomas Lundy December 2001 33   Juror Anonymity: Issues And Instructions Juror Anonymity Improper Without Good Cause Trial by an anonymous jury is a “drastic measure, one which should be undertaken only in limited and carefully delineated circumstances.” (U.S. v. Ross

  8. NACDL News

    NACDL News Daniel Dodson December 2001 8   New BOP regulations already in effect; NACDL to monitor intrusions on attorney-client communications NACDL sent a warning in early November to all its members who have e-mail addresses on file with the national office that a new Bureau of Prisons regul

  9. Public Defense: Michigan — 48th in the Country in Assigned Counsel Fees

    Indigent Defense Frank D. Eaman December 2001 43   Michigan — 48th in the Country in Assigned Counsel Fees Assigned counsel fees in Michigan are now among the lowest in the country, according to Robert Spangenberg, a recognized expert on assigned counsel rates and systems. The Spangenberg Group

  10. RICO Report

    RICO Report Barry Tarlow December 2001 56 State Bar Discipline: An Essential Remedy for Prosecutorial Misconduct Perhaps the most surprising fact about the published reports of disciplinary actions against prosecutors is their limited number. Given the large number of cases documenting countless

  11. The 2001 Sentencing Guidelines Amendments

    The 2001 Sentencing Guidelines Amendments Janet G. Hinton December 2001 24 Last May, the United States Sentencing Commission sent a hefty package of 24 amendments to Congress. These amendments went into effect November. 1 Undoubtedly, the 2000-2001 amendment cycle was one of the most active in the

  12. U.S. Supreme Court Update

    U.S. Supreme Court Update G. Paul McCormick December 2001 12 The 2000-2001 term of the U.S. Supreme Court focused on numerous hotly contested issues, including drug checkpoints, arrests for “fine only” traffic offenses, thermal imaging and mandatory drug testing for pregnant mothers. The Court took

  13. When the Prosecution Purchases Testimony

    When the Prosecution Purchases Testimony Irwin H. Schwartz December 2001 7 Hon. Stephen Trott is a judge of the Court of Appeals for the Ninth Circuit. Before that, he was Assistant Attorney General for the Department of Justice's Criminal Division. That earlier position gave him insight into using