ABA Criminal Justice Section E-News     February 2007

 

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    CHAIR’S MESSAGEgg

 

 

Robert M.A. Johnson 

The Criminal Justice Section will sponsor a number of activities at the ABA Midyear Meeting in Miami.  Several committees, Defense Function, International Law, ADR & Restoration Justice, Problems of the Elderly, Race & Racism, and the Executive Committee will be meeting.  The policy they develop will be taken up at the spring Council meeting.

 

Two CLE’s will be conducted by the Section on February 9.  A program on Collateral Consequences: Concern for the Representation and Prosecution of Non-Citizens in Criminal Proceedings will be conducted followed by a program entitled Subverting the Rule of Law: A Case Study and Discussion, which deals with the failure of the rule of law in Hitler’s Germany. 

 

Many policies sponsored by the Section will be considered by the ABA House of Delegates. 

The House of Delegates will consider Section recommendations opposing proposed changes to Fed R. Crim P. 29, developed by the Defense Function Committee; suggesting amendments to the Prison Litigation Reform Act, developed by the Corrections Committee; and providing for post-conviction relief for incarcerated domestic violence victims, developed by the Victims and Women’s Committees.  In addition, the House will consider three policies concerning alternative sentencing and offender reentry developed by the Commission on Effective Criminal Sanctions and co-sponsored by the Section.

 

The Nominating Committee will meet to nominate officers and Council members for the Section.  These activities make for a full agenda for the Section at the ABA midyear meeting.

                                                                 

   NEWS

 

Staff News: Jaime Turner has joined the staff of the ABA Criminal Justice Section as Administrative Assistant to the Director. Patrice McFarlane is transferring to the ABA Individual Rights Section as Assistant Director. 

 

 

   UPCOMING EVENTS 

 

21st Annual National Institute on White Collar Crime  March 1-2, 2007, San Diego       The 2007 White Collar Crime National Institute will be meeting for the 21st consecutive year, but for the first time in San Diego. Each year the Institute brings together judges, federal, state and local prosecutors, other law enforcement officials, defense attorneys, corporate in-house counsel, and members of the academic community. Attendees have consistently given the Institute high ratings for the exceptional quality of the Institute’s publication, its valuable updates on new developments and strategies, as well as the rare opportunity to meet colleagues in this field, renew acquaintances and exchange ideas. Attorney General Alberto R. Gonzales will be the keynote speaker.

 

Feb. 7-13

2007 ABA Midyear Meeting, Miami, FL
Criminal Justice Section Programs, Intercontinental Hotel (Feb. 9-11)

Feb. 9

Summit on Indigent Defense Improvement, Miami, FL

Feb. 15-16

11th Annual National Institute on Gaming Law Minefield, Las Vegas, NV

March 1-2

21st Annual National Institute on White Collar Crime, San Diego, CA

March 30

Collateral Consequences of a Criminal Proceeding, Chicago, IL

 

See other Criminal Justice Section events: Calendar of Events.

 

   SUPREME COURT CASES 

Cunningham v. California 

In a 6-3 ruling, the U.S. Supreme Court struck down California's determinate sentencing law.  The Court held that the sentencing law, by placing sentence-elevating factfinding within the judge's province, violates a defendant's right to trial by jury protected by the Sixth and Fourteenth Amendments.

 

Petitioner Cunningham was tried and convicted of continuous sexual abuse of a child under 14.  Under California's determinate sentencing law, that offense is punishable by one of three precise terms of imprisonment.   The law instructs judges to sentence inmates to the middle of three options unless factors exist that justify a shorter or longer prison term.


Other
Supreme Court Case Updates

 

   NEW PUBLICATIONS 

 

 

Criminal Justice Magazine Winter 2007
Features include: Life Without Parole for Children, Domestic Violence: When the “Perp” Is a CopThe Ultimate Power and Control, The Lessons of Injustice, Holmes v. South Carolina Upholds Trial by Jury, Closing Two Doors: How Courts Misunderstand Prejudice Under Olano and Strickland.

See other available Publications and Resources.      See past E-News.

The American Bar Association Criminal Justice Section
740 15th Street, NW, Washington, DC, 20005
Phone: (202) 662-1500, Fax: (202) 662-1501
Email:
crimjustice@abanet.org  Web: www.abanet.org/crimjust