September/October 2002
September/October 2002
Articles in this Issue
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Daubert Challenges to Forensic Evidence: Ballistics Next on the Firing Line
Daubert Challenges to Forensic Evidence: Ballistics Next on the Firing Line Joan Griffin, David J. LaMagna September/October 2002 20 A revolution is taking place in the courtroom as long accepted forensic methods are challenged under the Daubert/Kumho Tire standard of scientific reliability. Courts
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Death Watch
Death Watch Chris Adams September/October 2002 8 Ring: Hammer of justice, bell of freedom ... all over this land To borrow liberally from Pete Seeger's classic folk song, If I Had a Hammer, the United States Supreme Court has given us a bell to ring. Let's ring it in the morning, ring it the
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Fourth Amendment Forum: No more colliding tubas: Board of Education v. Earls
Fourth Amendment Forum Milton Hirsch, David Oscar Markus September/October 2002 41 No more colliding tubas: Board of Education v. Earls Like the pond in Dr. Seuss's “Yertle the Turtle,” Tecumsah, Oklahoma was “a nice little p[lace]/it was clean, it was neat/the water was warm/there was plenty
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From the President: We Are One
From the President Lawrence S. Goldman September/October 2002 4 We are one A year ago, I attended the 70th birthday party of a former NACDL Board Member. Many of the guests were his colleagues in another smaller, selective organization of generally affluent criminal defense lawyers. Some of t
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Informal Opinion: Protecting Our Country While Preserving Liberty and Freedom
Informal Opinion Bobby Lee Cook September/October 2002 37 Protecting our country while preserving liberty and freedom Ladies and gentlemen, distinguished guests and colleagues. I am delighted to be in beautiful San Francisco and to be a small part of this annual meeting of NACDL — an organiza
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Internet Sexual Entrapment
Internet Sexual Entrapment Martin G. Weinberg; Kimberly Homan; Cathy Green; Steven Gordon September/October 2002 26 PART 2 In a California case which led to a great deal of publicity but produced no reported opinion, the defendant took the stand in his own defense and, in support of his cont
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Jury Instruction Corner: Witness receiving personal inducements from prosecution: cautionary instruc
Jury Instruction Corner Thomas Lundy September/October 2002 56 Witness receiving personal inducements from prosecution: cautionary instructions 1. Rationale And Case Authority For Cautionary Instructions Regarding Witnesses Receiving Inducements A cautionary instruction may be appropriate
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Misinterpretation of the Federal Good Time Statute Costs Prisoners Seven Days Every Year
Misinterpretation of the Federal Good Time Statute Costs Prisoners Seven Days Every Year Stephen R. Sady September/October 2002 12 Wouldn't it be incredible if the Bureau of Prisons (BOP) has been miscalculating good time credits by seven days a year for every year of incarceration since 1987? Wo
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NACDL News
NACDL News Daniel Dodson September/October 2002 6 Ephraim Margolin receives NACDL Lifetime Achievement Award Ephraim Margolin received the NACDL Lifetime Achievement Award, August 3 in San Francisco. A NACDL Life Member, he served as President in 1988-89. Born in Berlin, Germany, Margolin att
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Public Defense: Community-oriented defense: the concept
Indigent Defense Kirsten D. Levingston September/October 2002 34 Community-oriented defense: the concept Defenders often principally define their roles as individual lawyers fighting on behalf of individual clients. While individual representation must figure centrally in the work of defenders, it
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Reviews in Review: Gun penalties; The provocation defense; Third parties
Reviews in Review Ellen S. Podgor September/October 2002 43 Gun penalties Sara Sun Beale The Unintended Consequences of Enhancing Gun Penalties: Shooting Down the Commerce Clause and Arming Federal Prosecutors 51 DUKE L.J. 1641 (2002) This article provides superb arguments against legislation
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RICO Report
RICO Report Barry Tarlow September/October 2002 46 United States v. Coppa: Let the foxes guard the hen house On March 1, 2002, the United States District Court for the Eastern District of New York entered a seemingly innocuous order. It ordered the prosecution in a large stock fraud and money