ABA Criminal Justice Section E-News     January 2008 (Vol. 3)

 

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    CHAIR’S MESSAGEgg

 

     

 

            Stephen

           Saltzburg

 

 

 

 

American Bar Association advocacy during the 110th Congress advanced a number of policies originally sponsored by the Criminal Justice Section.  Top Association and Section leaders, in cooperation with the ABA Governmental Affairs Office, brought ABA policy to the attention of all three branches of the federal government on issues affecting the criminal justice community.  We were heard urging changes to the federal sentencing guidelines, endeavoring to preserve the independence of U.S. Attorneys, supporting gang violence prevention, promoting prisoner reentry, improving juvenile justice, and supporting an increase in indigent defense funding -- to name just a few of the important issues that were addressed.  Bruce Nicholson of ABA Governmental Affairs has worked tirelessly on these issues and has closely coordinated with the Section on all of them, and Jack Hanna and the exceptional staff of the Criminal Justice Section have missed no opportunity for the Section to be heard on the issues we care about.  You might want to review the regular report that Bruce prepares recounting the status of major legislation and advocacy initiatives, which is available here.

  

Among the specific undertakings of the ABA on criminal justice issues were the submission of nearly two dozen letters to various executive and legislative recipients articulating ABA policy on matters of importance to the administration of justice and the legal profession.  Our members also made a number of appearances in support of ABA policy in federal and state forums.  For example, Barry Boss, co-chair of the Section’s Sentencing Committee testified on behalf of the ABA before the U.S. Sentencing Commission and successfully urged the Commission to make retroactive its new federal sentencing guidelines for crack cocaine offenses.  And, Margaret Love, consulting director of the Commission of Effective Criminal Sanctions, testified on alternative sentencing and offender reentry before the Joint Committee on the Judiciary of the General Court of the Commonwealth of Massachusetts.

 

    NEWS g

  

Recent Amicus Brief: ABA Asks High Court to Support Law Requiring Citations

 

Legislative Update

 

Policy Update: Including CJS Recommendations Going Before the HOD in Feb. 2008

 

Nominations for 2008- Positions (Nominations are due by January 16, 2008.)

Two Supreme Court Decisions in December 2007 Highlight the Advisory Nature of the Federal Sentencing Guidelines (by David Debold)

Practice Under the Federal Sentencing Guidelines, Fourth Edition

Weekly Criminal Justice News Round-Up 

    UPCOMING EVENTS g

 

Feb. 7-9, 2008

Los Angeles

Criminal Justice Section 2008 Midyear Meeting

On Feb. 8 members can participate in CLE programs addressing among other issues how the “Jena 6” ordeal affected the public’s perception of the criminal justice system and what mediation and restorative justice could have done to prevent it, and the latest tactical approaches taken by both prosecutors and public defenders in DUI trials.

That same day, the CJS Innocence Subcommittee is pleased to announce that the Section is cosponsoring a symposium at Southwestern Law School entitled Wrongful Convictions: Causes and Cures.”

Following the “Jena 6” and DUI programs, the Section will co-sponsor a joint reception celebrating the 40th Anniversary of the ABA Council on Legal Education Opportunity and the presentation of the Section’s inaugural Frank Carrington Victim Advocate Award presented in honor of Frank Carrington to the Carrington family.

On Feb. 9, the Section’s Executive Committee will meet to discuss the long-range priorities of the Section, and the Nominating Committee will meet to make recommendations for future Section leadership.

  

Criminal Justice Section Meetings, April 3-6

Charleston, South Carolina

2008 Spring Conference

Superior Direct and Cross-Examination

April 4, Charleston, South Carolina

We have assembled the best lawyers from the ABA Criminal Justice Section and the best in South Carolina to demonstrate cross and direct examination for you. Few moments provide the kinds of opportunities for major impact on the outcome of the trial that direct and cross examination of witnesses gives. Leading national and South Carolina prosecutors and defense attorneys will demonstrate how to use witnesses to lay the foundation for your case and how to dismantle the foundation attempted to be laid by opposing counsel. Prosecutors with star power such as Barney Giese of Columbia, South Carolina and William Shepherd of Palm Beach, Florida will show how to use Direct examination to elicit both direct and circumstantial evidence as well as matters of fact and opinions. Defense lawyers with star power such as Albert Krieger and Gedney Howe will demonstrate how to question the witness’s ability to identify or recollect facts and to try to impeach the witness.

 

Other Events

Jan. 17, 2008

The Foreign Corrupt Practices Act , Philadelphia, PA

Feb. 14-15, 2008

Gaming Law Minefield , Las Vegas, NV

March 5-7, 2008

National Institute on White Collar Crime , Miami, FL

 

   NEW PUBLICATIONS 

ABA Standards for Criminal Justice, Third Edition: DNA Evidence <