January/February 2001
January/February 2001
Articles in this Issue
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Behind Closed Doors: Prosecutorial Misconduct
Behind Closed Doors Thomas K. Maher, Christopher Fialko January/February 2001 43 Prosecutorial Misconduct Prosecutorial misconduct during the investigative stage and directed at the foundations of our system of criminal justice, the attorney client relationship and the very truth finding func
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Book Review: Every Trial Criminal Defense Resource Book and Federal Prison Guidebook
Book Review Ephraim Margolin; Alan Silber January/February 2001 31 Every Trial Criminal Defense Resource Book By Nancy Hollander and Barbara E. Bergman West Group Publisher: July 2000 Edition (715 Pages Looseleaf) $135 (Hardcover) Reviewed by Ephraim Margolin As lawyers, we are destined to fl
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Capital Cases: Ten Principles for Individualized Voir Dire on the Death Penalty
Capital Cases Richard S. Jaffe January/February 2001 35 Ten Principles for Individualized Voir Dire on the Death Penalty Mrs. Hunter was called to serve for jury duty, but asked to be excused because she didn't believe in capital punishment and didn't want her personal thoughts to prevent the
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Death Watch
Death Watch Chris Adams January/February 2001 12 Sleeping Lawyer Tricks A sleeping lawyer is not an ineffective lawyer? Perhaps he is effective in Houston, Texas. In another bizarre “sleeping lawyer” case from Texas, a Fifth Circuit panel held 2-1 that the Sixth Amendment's right to counsel does
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DWI: Drunk or Drowsy? How Fatigue Can Be Mistaken for Intoxication
DWI Steven Oberman January/February 2001 57 Drunk or Drowsy? How Fatigue Can Be Mistaken for Intoxication Mr. Sober has handed you a copy of the arrest warrant which states that the officer arrived on the scene of a one-car accident last Saturday, just after midnight. Upon approaching the suspect
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Friend of the Court
Friend of the Court Lisa Kemler January/February 2001 28 Amicus Briefs Filed in Cases Pending Before the U.S. Supreme Court The U.S. Supreme Court has granted certiorari in criminal cases involving a wide range of issues including the constitutionality of the use of thermal imaging devices, civil
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Informal Opinion: How I Lost My First Two Clients
Informal Opinion Elizabeth Unger Carlyle January/February 2001 51 How I Lost My First Two Clients On April 1, 1999, the Missouri Supreme Court set my client Ralph Davis's execution for April 28, 1999. The next two months were among the most intense of my life. The period ended on May 26, 1999
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Interrogation Tactics in the Post-Dickerson Era
Interrogation Tactics in the Post-Dickerson Era John T. Philipsborn January/February 2001 18 A reading of Miranda v. Arizona, 1 through millennial eyes reveals much that initially escaped our notice. Specifically of note here, some diligent and inspired lawyering had laid crucial groundwork for the
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Justice in Bhutan
Justice in Bhutan Ronald Kaye January/February 2001 24 There I was — having lunch at the home of Sonam Tobgye, the Chief Justice of the High Court of the Kingdom of Bhutan, discussing Bhutanese law and how Buddhist thought affects the court's perspective on the issue of criminal justice. After teach
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NACDL News
NACDL News NACDL Staff January/February 2001 8 An all new Foundation for Criminal Justice, the successor to the NACDL Foundation, has been organized to preserve and promote the core values of America's justice system guaranteed by the Constitution — among them due process, freedom from unreasonable
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Northern Lights: The Case of the Smoking Video
Northern Lights Steven Skurka, Leslie Pringle January/February, 2001 47 The Case of the Smoking Video As criminal defence lawyers the subject of the lawyer possessing the “smoking gun” or “bloody shirt” makes for good law school discussion. The curious question posed by the lawyer confronted
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President's Column: Meet Ralph Grunewald
Meet Ralph Grunewald Edward A. Mallett President's Column January/February 2001 7 It is with pride and great optimism that I introduce your new NACDL Executive Director, Ralph E. Grunewald. His selection ends a nation-wide, six-month search for someone who can take us to greater national prominence a
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Public Defense: IDC Offers Support and Assistance to Indigent Defense Lawyers
Indigent Defense Kate Jones January/February 2001 16 IDC Offers Support and Assistance to Indigent Defense Lawyers To better serve NACDL members who practice indigent defense, the Indigent Defense Committee (IDC) is putting together initiatives to help you. First, an IDC subcommittee has been
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Reviews in Review: Prosecutorial Misconduct; Evidence; Ethics
Reviews in Review Ellen S. Podgor January/February 2001 49 Prosecutorial Misconduct Peter J. Henning Prosecutorial Misconduct and Constitutional Remedies 77 WASHINGTON UNIVERSITY LAW QUARTERLY 713 (1999) Professor Peter Henning argues against using the intent of the prosecutor as a standard fo
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RICO Report
RICO Report Barry Tarlow January/February 2001 65 Ninth Circuit Decision on Joint Defense Agreements Raises More Questions Than It Answers The Joint Defense Agreement (JDA) has become an essential feature of criminal defense practice, particularly in federal court. Targets of grand jury investiga
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White Collar Crime: Threat to the Corporation's Attorney-Client Privilege and Work Product Immun
White Collar Crime Kathryn Keneally January/February 2001 53 Threat to the Corporation's Attorney-Client Privilege and Work Product Immunity It is the basic purpose of the attorney-client privilege to provide the client with a safe haven, a person in whom all confidences may reside. It is a funda