Articles in this Issue

1. Behind Closed Doors: New Jersey Court Finds New Direction

   Behind Closed Doors Thomas K. Maher, Christopher Fialko June 2001 43   New Jersey Court Finds New Direction In State of New Jersey v. Hogan, 764 A.2d 1012 (Jan. 5, 2001), the Appellate Division of the Superior Court of New Jersey was forced to decide whether a prosecutor has a duty to instruct

   Thomas K. Maher and Christopher Fialko

2. Book Review: Criminalistics: An Introduction to Forensic Science, 7th Edition

   Book Review Gil Sapir June 2001 62   Criminalistics: An Introduction to Forensic Science, 7th Edition By Richard Saferstein, PhD Publisher: Prentice-Hall (2000) 576 Pages, Over 200 Illustrations, and Index; $73.33 (Hard Cover) Nearly all cases involving criminal charges generally entail some as

   Gil Sapir

3. Death Watch

   Death Watch Chris Adams June 2001 12 Justice Ginsburg Supports Moratorium, Criticizes Death Penalty “People who are well represented at trial do not get the death penalty,” stated Justice Ruth Bader Ginsburg. She criticized the “meager” amount of money used to defend poor clients. She also said s

   Chris Adams

4. DWI: Blood, Tests & Fears: A Crash Course in Blood Alcohol Samples

   DWI J.J. (Jess) Paul, III June 2001 39 Blood, Tests & Fears: A Crash Course in Blood Alcohol Samples One of the most complicated issues facing DUI lawyers is that of the blood alcohol sample: how the blood is drawn and identified, the integrity and reliability of the sample, and the testing p

   J.J. (Jess) Paul, III

5. Environmental Criminal Law Today

   Environmental Criminal Law Today Michael S. Pasano, Thierry Olivier Desmet June 2001 26 Could the supervisor of a rock quarrying project be sent to jail for six months following a subcontractor's break in a pipeline that resulted in an oil spill on the supervisor's day off? Could a simple foreman be

   Michael S. Pasano, Thierry Olivier Desmet

6. Friend of the Court

   Friend of the Court Lisa Kemler June 2001 35   Recent Decisions Of the U.S. Supreme Court As of the date when this column went to print, the Supreme Court decided five cases involving criminal law issues, four of which were previously discussed in the December and April issues of The Champion.

   Lisa Kemler

7. Judge-made Sentence Enhancements: A Question of Fact, of Law, of of the Constitution?

   Judge-made Sentence Enhancements: A Question of Fact, of Law, of of the Constitution? William R. Maynard June 2001 14 “... defining crimes and fixing penalties are legislative, not judicial functions.” 1 “Other than the fact of a conviction, any fact that increases the penalty of a crime beyond

   William R. Maynard

8. Legislation

   Legislation Kyle O'Dowd June 2001 60 Inflation Blues: The Need for a CJA Rate Hike Hey Mr. President / All you congressmen, too You got me frustrated / And I don't know what to do I'm trying to make a living / I can't save a cent It takes all my money / Just to eat and pay my

   Kyle O'Dowd

9. NACDL News

   NACDL News Daniel Dodson June 2001 8 First national police misconduct symposium a success NACDL board members Marvin Miller, Bill Buckman and Carmen Hernandez, and President-Elect Irwin Schwartz put together an altogether fantastic group of panelists—more than twenty in all—for Behind the Blue Wa

   Daniel Dodson

10. Northern Lights: The Canadian View Of the Death Penalty

    Northern Lights Steven Skurka, Heather Pringle June 2001 29 The Canadian View Of the Death Penalty The very reason for establishing the new legal order ... was to protect the rights of minorities and others who cannot protect their rights adequately through the democratic process. Those who are e

    Steven Skurka and Heather Pringle

11. President's Column: Discovery

    Discovery Edward A. Mallett President's Column June 2001 7 Timothy McVeigh's stay of execution, based on the revelation of 3000-plus pages of new reports, was swiftly followed by calls for a top-to-bottom study of the FBI. Various Senators promised more congressional oversight, based on apparent mish

    Edward A. Mallett

12. Public Defense: The Case for Commissions

    Indigent Defense Kate Jones June 2001 33 The Case for Commissions As many states and localities re-examine the quality and efficacy of their systems for supplying indigent defense services, proposed reform measures often include the establishment of a centralized, independent, and usually state-l

    Kate Jones

13. Reviews in Review: Plea Agreements; Police Discretion; Prosecutor Ethics

    Reviews in Review Ellen S. Podgor June 2001 45 Plea Agreements David Aram Kaiser Note, United States v. Coon: The End of Detrimental Reliance for Plea Agreements 52 HASTINGS LAW JOURNAL 579 (2001) In this student note, David Aram Kaiser argues “that when a defendant is offered a plea agreement

    Ellen S. Podgor

14. RICO Report

    RICO Report Barry Tarlow June 2001 51 The Highwayman Visits the Marianas: Informers Beware When confronted with the awesome power of the state, perhaps the single greatest threat to an innocent person is the false testimony of an informer who has made a deal with the prosecution. “Our judicial hi

    Barry Tarlow

15. White Collar Crime: Meet the New IRS Criminal Investigation Before it Knocks on Your Client's Do

    White Collar Crime Kathryn Keneally June 2001 48   Meet the New IRS Criminal Investigation Before it Knocks on Your Client's Door The Internal Revenue Service is different now. Over the last few years, the IRS has made a concerted effort to be more responsive to taxpayers. The entire structure

    Kathryn Keneally