Criminal Justice Fall 2021

Features

Criminal

In Pursuit of Racial Justice: Strategies to Combat Implicit Racial Bias in the Military Justice System

Jodie L. Grimm

Black service members face military justice system actions at a disproportionately high rate. Social psychology offers promising strategies to target the implicit racial bias and its consequences.

Criminal

One Toke over the Line—Marijuana and Driving: Constitutionality of State Zero Tolerance and Per Se Laws

Richard A. Ginkowski

One-third of states have zero tolerance or per se laws where a prosecutor does not have to prove impaired driving ability to convict drivers who operate a motor vehicle after using marijuana. This article examines whether those laws are constitutional.

Criminal

Creating Feedback in the Flow of the School-to-Prison Pipeline

Christopher J. Sailer

This article introduces an innovative model of fully-integrated educational and delinquency advocacy that aims to map, then invert, the school to prison pipeline.

Criminal

Shedding Light on the United States Pretrial Services Agency’s Pretrial Risk Assessment Tool

Halsey B. Frank

The United States Pretrial Services Agency uses an actuarial risk assessment tool to inform its pretrial release recommendations. The tool was developed by outside consultants without independent review but would benefit from critical attention.

Criminal

Creating a Just Response for Survivors of Trafficking

Maggy Krell and Sharan Dhanoa

Despite legal recognition and policies designed to combat sex trafficking, survivors continue to be criminalized for conduct directly stemming from being trafficked.

From the Chair

Criminal

From the Chair

Wayne S. McKenzie

Incoming Criminal Justice Section Chair Wayne S. McKenzie shares his inaugural column and outlines his priorities for the upcoming Association year.

Ask Allison

Criminal

Ask Allison: On Washing Your Hands after Autopsies and Other Radical Notions

Allison Jackson Mathis

Allison answers a reader wondering what lessons the criminal justice community should take from the pandemic.

Mental Health

Criminal

What to Do When Opposing Counsel Asks What Tests Your Expert Will Use

Eric Y. Drogin

This column examines how a prosecutor might consult with a reputable forensic psychologist about the propriety and potential consequences of a demand by opposing counsel to learn what tests your own expert witness will employ.

Public Defense

Criminal

Public Defense after the Pandemic

Malia Brink

After COVID-19 shut down courts nationwide, this article explores the most serious reopening issues faced by public defenders across the country, including backlogs, prolonged detentions, and balancing online and in-person proceedings.

Book Review

Criminal

Privilege and Punishment: How Race and Class Matter in Criminal Court

Reviewed by Robert Costello

Matthew Clair, Assistant Professor of Sociology and Law at Stanford University, is interviewed about his book, Privilege and Punishment: How Race and Class Matter in Criminal Court, and inequality in the criminal legal system and the legal profession.

Women in Criminal Justice

Criminal

From Sweetie to Sisterhood: A Public Defender’s Listening Session Reflection

Jessica Yeary

Guest columnist Jessica Yeary shares how the opportunity to attend the ABA Women in Criminal Justice Task Force Listening Session and the shared experiences of the women on the panel brought her inspiration.

Trial Tactics

Criminal

Video Exhibits in the Jury Room

Stephen A. Saltzburg

Using the recent case State v. Bermejo as an example, this column contains a useful discussion of video exhibits and summarizes the approach taken by Utah courts.

Cert Alert

Criminal

Supreme Court Cases of Interest

Anthony Franze

A summary of the Supreme Court’s recent criminal law opinions and cert grants to date is provided.

Ethics

The Ethics of Buying Silence

Peter A. Joy and Kevin C. McMunigal

The ethics of lawyers using nondisclosure agreements are examined, including whether it currently is or should be unethical for a lawyer to use NDAs.

Scientific Evidence

Criminal

Photogrammetry—Sharper than the Eye

Jules Epstein

Federal and state courts have recognized photogrammetry as being a reliable science and have allowed expert testimony on the subject. But is photogrammetry evidence always proper?

Section News

Criminal

Annual Meeting Highlights

Kyo Suh

An update on recent Criminal Justice Section events and activities from the 2021 Annual Meeting is provided.

Criminal Justice Matters

Criminal

Strategic Choices and the Judicial Estoppel Doctrine

J. Vincent Aprile II

Litigators in the criminal justice system must be aware of and utilize the judicial estoppel doctrine to evaluate the long-term effect of advancing a particular argument or assuming a certain position in a case.

Renew Your ABA Membership

Criminal Justice Fall 2021

Well, the Times, They Are A-Changin’: How Far Will Congress Go in Reforming the Criminal Justice System through Federal Cannabis Legalization?

Features

In Pursuit of Racial Justice: Strategies to Combat Implicit Racial Bias in the Military Justice System

One Toke over the Line—Marijuana and Driving: Constitutionality of State Zero Tolerance and Per Se Laws

Creating Feedback in the Flow of the School-to-Prison Pipeline

Shedding Light on the United States Pretrial Services Agency’s Pretrial Risk Assessment Tool

Creating a Just Response for Survivors of Trafficking