July 2001

July 2001

 

Articles in this Issue

  1. Acting Effectively in Court: Using Dramatic Techniques

    Acting Effectively in Court: Using Dramatic Techniques Donald B. Fiedler July 2001 18 Gregory Peck won an Oscar for his brilliant performance as Atticus Finch, the lawyer in To Kill a Mockingbird. What I clearly remember was the respect and admiration for his compassionate defense of a black man acc

  2. An Interview with Barbara Bergman, Heeney Award Winner

    An Interview with Barbara Bergman, Heeney Award Winner Nancy Hollander July 2001 14 The Robert C. Heeney Award is NACDL's most prestigious award. One of NACDL's most valued members, Barbara Bergman, received the 2000 Heeney Award. Long-time friends and coauthors, she and Past-President Nancy Holland

  3. Appellate Advocacy: Ineffective Assistance of Counsel Claims and the Federal Sentencing Guidelines

    Appellate Advocacy G. Fred Metos July 2001 43   Ineffective Assistance of Counsel Claims and the Federal Sentencing Guidelines Federal appellate courts are restricting collateral challenges to Federal Sentencing Guideline rulings. In United States v. Daniels, 1 the Supreme Court ruled that a c

  4. Capital Cases: Arbitrary and Capricious After All These Years: Constitutional Problems With Capital

    Capital Cases Wanda D. Foglia, Nathan M. Schenker July 2001 26 Arbitrary and Capricious After All These Years: Constitutional Problems With Capital Jurors' Decision Making These days the public is starting to have doubts about the death penalty. It is no longer just defense attorneys who suspect

  5. Death Watch

    Death Watch Chris Adams July 2001 12 Pennsylvania Governor Restricts Funding for Capital Defense Last year, the Pennsylvania legislature allocated $614,000 for capital appellate defense training. None of the money has been spent. Governor Tom Ridge's administration has agreed to appropriate the m

  6. Fourth Amendment Forum: New Hope: Ferguson v. City of Charleston

    Fourth Amendment Forum Milton Hirsch, David O. Markus July 2001 35   New Hope: Ferguson v. City of Charleston In what only can be described as a remarkable Term, the Supreme Court again has found a violation of the Fourth Amendment. 1 In Ferguson v. City of Charleston, 2 the High Court ruled

  7. Grid & Bear It: Apprendi Arguments of Jurisdiction and Retroactivity

    There is much ado about the Supreme Court's decision in Apprendi v. New Jersey. Since it came out, the Apprendi decision spawned much speculation as to the applicability of such a holding to federal criminal statues

  8. International Affairs

    International Affairs Edward A. Mallett July 2001 7 America is “the land of the vanishing border,” writes Time magazine in a cover article on the Mexican immigration tide. From the south the unstoppable flood of workers come for economic opportunity, to do the below-minimum-wage dirty work. Often th

  9. Jury Instruction Corner: Part II: Strategies for Persuading the Trial Judge To Modify or Supplement

    Jury Instruction Corner Thomas Lundy July 2001 46 Part II: Strategies for Persuading the Trial Judge To Modify or Supplement Pattern Instructions This article is adapted in part from FORECITE National, Chapter 1 Strategies For Making Jury Instructions Part Of The Adversarial Process. This is the

  10. NACDL News

    NACDL News Daniel Dodson July 2001 8 Kyllo thermal-imaging decision reflects NACDL/ACLU arguments In a 5-4 decision announced June 11, the U.S. Supreme Court ruled that police cannot use a thermal-imaging device without a search warrant to detect heat patterns emitting from a private home. Jus

  11. Public Defense: The Texas Fair Defense Act

    Indigent Defense Kate Jones July 2001 33 The Texas Fair Defense Act Some say that indigent defense reform in Texas wouldn't have happened if George Bush hadn't run for President, placing the spotlight on the state. Others credit the recent wave of exonerations that have caused many states to take

  12. Reviews in Review: Racial Profiling; Plea Bargaining; African-American Prosecutors

    Reviews in Review Ellen S. Podgor July 2001 32 Racial Profiling David Rudovsky Law Enforcement by Stereotypes and Serendipity: Racial Profiling and Stops and Searches Without Cause 3 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 296 (2001) David Rudovsky, a senior fellow at the Univ

  13. RICO Report

    RICO Report Barry Tarlow July 2001 50 Legal Representation, Bad Judgment or Obstruction of Justice: No Bright Line The Supreme Court has repeatedly reaffirmed that “Lawyers in criminal cases are necessities, not luxuries.” United States v. Cronic, 466 U.S. 648 (1984), Id., at 653, quoting Gideon