Criminal Justice Spring 2022

Features

Ethics

What Are the Ethical Rules for Prosecutors Regarding the Public Release of Videos in Officer-Involved Shootings? The Answer Is Less Complicated Than You Think

Thomas P. Hogan

Prosecutors and the police currently struggle with the issue of when and how to publicly release videos of officer-involved shootings. However, the ethical rules governing prosecutors provide some simple answers about the release of such videos.

Criminal

Understanding Federal Habeas Corpus Review of Misdemeanor Convictions

J. Vincent Aprile II

Misdemeanor convictions may include important federal constitutional claims warranting federal habeas corpus review, yet practitioners must be aware of the unique obstacles to such review.

Criminal

JUST a Misdemeanor: Seeking Justice in All Cases

Angela Wilson

Misdemeanor convictions can have long-range consequences for defendants. Nearly every prosecutor starts out handling misdemeanor cases, learning to digest police reports and navigate the judicial system on the cases that seem of little consequence.

Civil Rights & Constitution

Policing as Trauma

Kristin N. Henning

Drawing upon research documenting the traumatic impact of policing on youth of color, this article argues that we must end the hyper-surveillance and over-policing of adolescents.

Local Government

DOJ Police Pattern or Practice Investigations

Christy E. Lopez

This article sets out what we should—and should not—expect DOJ’s pattern or practice enforcement program to achieve in the coming months and years.

Prosecution

Prosecuting Criminal Contempt: How Far is Too Far?

Addy R. Schmitt, Ian A. Herbert, and Jesse E. Schwab

This article discusses safeguarding against abuse in the prosecution of criminal contempt. There may be several reasons for the interest in this David-versus-Goliath story.

Criminal

Sovereign v. Sovereign: Achieving Desired Sentencing Outcomes in Two Dueling Jurisdictions

Jenny L. Devine

Primary custody of a defendant is key to predicting how multiple criminal sentences will interact in the context of competing state and federal sovereignty.

From the Chair

Criminal

From the Chair

Wayne S. McKenzie

CJS Chair Wayne McKenzie shares and uplifts some of the excellent work the Criminal Justice Section has undertaken to address the negative and disparate effects of implicit bias.

Mental Health

Criminal

Whose Exam Is It, Anyway? When Defendants Seek to Repurpose Your Expert’s Findings

Eric Y. Drogin

How a prosecutor might consult with a reputable forensic psychologist about the results of forensic mental health evaluations is examined.

Criminal Justice Matters

Courts & Judiciary

Judicial Profiling: Another Perspective

J. Vincent Aprile II

Should litigators conform or perhaps transform their presentations to the consistent judicial preferences revealed by a thorough examination of a specific judge’s litigation history?

Book Review

Criminal

A Descending Spiral: Exposing the Death Penalty in 12 Essays

Reviewed by Robert Costello

Marc Goodman, the executive director of the Atlantic Center for Capital Representation, is interviewed regarding his recent book, A Descending Spiral: Exposing the Death Penalty in 12 Essays.

Trial Tactics

Criminal

State of Mind: Dual Purpose

Stephen A. Saltzburg

Dealing with statements that fall within Rule 803(3) in part but that also contain inadmissible assertions creates difficulty for both trial and appellate courts.

Cert Alert

Criminal

Supreme Court Cases of Interest

Daniel Epps

A summary of the Supreme Court’s recent criminal law opinions and cert grants to date is provided. The Court has issued one new opinion and granted four new petitions for certiorari.

Ethics

Prosecution

Prosecutorial Misconduct and Mistrials

Peter A. Joy and Kevin C. McMunigal

The legal and ethical aspects of prosecutorial misconduct that results in a mistrial are examined, along with the reasoning and factors courts use in deciding whether to allow a retrial after such misconduct.

Scientific Evidence

Evidence

“Forensic” Hypnosis: Does a Name Make It Scientific?

Jules Epstein

The problems with “forensic” hypnosis are discussed in light of two recent cases. The author provides a review of these cases.

Courageous Leadership

Criminal

The Role of Courageous Leaders in Advancing Racial Equity in the Criminal Legal System

April Frazier Camara

Lawyers typically focus on creating change through laws and policies but must remember to acknowledge the important role that leadership plays in advancing change in society.

Renew Your ABA Membership

Criminal Justice Spring 2022

From Mad Men to Times Up: What We Must Do to Ensure Workplace Parity for Women in Criminal Justice—A Women in Criminal Justice Taskforce Member’s Perspective

Features

What Are the Ethical Rules for Prosecutors Regarding the Public Release of Videos in Officer-Involved Shootings? The Answer Is Less Complicated Than You Think

Understanding Federal Habeas Corpus Review of Misdemeanor Convictions

JUST a Misdemeanor: Seeking Justice in All Cases

Policing as Trauma

DOJ Police Pattern or Practice Investigations

Prosecuting Criminal Contempt: How Far is Too Far?

Sovereign v. Sovereign: Achieving Desired Sentencing Outcomes in Two Dueling Jurisdictions

From the Chair

From the Chair

Mental Health

Whose Exam Is It, Anyway? When Defendants Seek to Repurpose Your Expert’s Findings

Criminal Justice Matters

Judicial Profiling: Another Perspective

Book Review

A Descending Spiral: Exposing the Death Penalty in 12 Essays

Trial Tactics

State of Mind: Dual Purpose

Cert Alert

Supreme Court Cases of Interest

Ethics

Prosecutorial Misconduct and Mistrials

Scientific Evidence

“Forensic” Hypnosis: Does a Name Make It Scientific?

Courageous Leadership

The Role of Courageous Leaders in Advancing Racial Equity in the Criminal Legal System

Ruth Bader Ginsburg as Criminal Defense Attorney

Well, the Times, They Are A-Changin’

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Criminal Justice Spring 2022

From Mad Men to Times Up: What We Must Do to Ensure Workplace Parity for Women in Criminal Justice—A Women in Criminal Justice Taskforce Member’s Perspective

Features

What Are the Ethical Rules for Prosecutors Regarding the Public Release of Videos in Officer-Involved Shootings? The Answer Is Less Complicated Than You Think

Understanding Federal Habeas Corpus Review of Misdemeanor Convictions

JUST a Misdemeanor: Seeking Justice in All Cases

Policing as Trauma

DOJ Police Pattern or Practice Investigations

Prosecuting Criminal Contempt: How Far is Too Far?

Sovereign v. Sovereign: Achieving Desired Sentencing Outcomes in Two Dueling Jurisdictions

From the Chair

From the Chair

Mental Health

Whose Exam Is It, Anyway? When Defendants Seek to Repurpose Your Expert’s Findings

Criminal Justice Matters

Judicial Profiling: Another Perspective

Book Review

A Descending Spiral: Exposing the Death Penalty in 12 Essays

Trial Tactics

State of Mind: Dual Purpose

Cert Alert

Supreme Court Cases of Interest

Ethics

Prosecutorial Misconduct and Mistrials

Scientific Evidence

“Forensic” Hypnosis: Does a Name Make It Scientific?

Courageous Leadership

The Role of Courageous Leaders in Advancing Racial Equity in the Criminal Legal System

Ruth Bader Ginsburg as Criminal Defense Attorney

Well, the Times, They Are A-Changin’

ABA Resources

The ABA

Connect