ABA Criminal Justice Section E-News March 2006 Section Home Calendar Committees Policies Products

NEW POLICY RESOURCESgg New ABA Resolutions on Criminal Justice: Relief from Automatic Deportation for Minor Criminal Conviction Domestic Electronic Surveillance for National Security Purposes These Criminal Justice Section-sponsored resolutions were passed by the ABA House of Delegates at the ABA Midyear Meeting in Chicago, Feb. 2006. For a complete listing of ABA resolutions on criminal justice issues, see here. Amicus Brief: Prisoner Litigation Case (Woodford v. Ngo) In an amicus brief filed on February 2, 2006, the ABA asked the U.S. Supreme Court not to bar federal lawsuits by prisoners on grounds that they have not complied with all procedural requirements for administrative relief crafted by prison officials. The ABA amicus brief in Woodford v. Ngo (No. 05-416) argued that the Prisoner Litigation Reform Act's requirement that prisoners exhaust administrative remedies before bringing federal claims does not justify a "judicially-created procedural default rule." The brief cited several ABA policies, including the ABA Legal Status of Prisoners Standards' call for "free and meaningful access to the judicial process" for prisoners. Recent U.S. Supreme Court Criminal Case: Oregon v. Guzek (2/22/06) The United States Supreme Court, in Oregon v. Guzek, held that defendants in capital murder cases do not have a constitutional right to use alibi evidence when they are sentenced by juries. The Court found that the Oregon Supreme Court was wrong when it extended the Eighth Amendment's prohibition on cruel and unusual punishment to allow defendants to present evidence of "residual doubt" to juries that had already found them guilty. In 1988, Randy Lee Guzek was convicted by an Oregon jury for the June 1987 murders of Rod and Lois Houser, the uncle and aunt of his former high school girlfriend. His murder convictions were upheld by the state's highest court. But changes in Oregon law and mistakes by the trial judge led the Oregon Supreme Court to overturn his death sentence three times. The case returns to Oregon, where Guzek will have another sentencing. For summaries of other criminal cases, see: U.S. Supreme Court Criminal Cases SECTION NEWS… Free Law Student Section e-Membership: At its February 2006 meeting, the Section’s Executive Committee approved a recommendation of the Section law school liaisons to provide free electronic membership in the Section on a one-year trial basis to any interested law student member of the ABA. (Law students currently pay $7.50 for regular membership.) The free membership will include electronic access to the CJ Section Newsletter and Criminal Justice Magazine. It will begin in late August at the start of the 2006-07 Association year. See also the CJS Law Student information. Louisiana State Bar Association: On February 10, 2006 in Chicago, LSBA President Frank X. Neuner spoke to the Section’s Executive Committee about the continuing critical situation faced by Louisiana lawyers and the New Orleans criminal justice system in the wake of Hurricane Katrina. He noted that 52% of the 17,000 lawyers in the state have been displaced by the storm. In New Orleans, he explained, lack of revenue from parking tickets has meant lack of funding for the public defender system, resulting in laying off 34 of the city’s 39 public defenders. Prosecutors have also been laid off, he noted, although to a lesser extent. The Executive Committee agreed to explore ways to address Mr. Neuner’s plea for financial assistance for justice system’s hurricane relief. See also the ABA’s Hurricane Katrina Resources. Nominations for Awards: The Criminal Justice Section is soliciting nominations for three awards to be presented at the 2006 ABA Annual Meeting in Hawaii. Please note the deadline for submitting nominations is April 3, 2006. NEW BOOKS… Achieving Justice: Freeing the Innocent, Convicting the Guilty The Ad Hoc Innocence Committee to Ensure the Integrity of the Criminal Process (Co-Chairs Paul Giannelli and Myrna Raeder) has produced a 170-page report that alerts state and federal criminal justice professionals to the policy development in this area by the ABA. It features recommendations and commentary on issues affecting those wrongfully convicted. Available March 10, 2006. For order inquiries, visit www.abanet.org/abastore or call (800) 285-2221. Mention product code 5090103 The Criminal Lawyer’s Guide to Immigration Law:  Questions and Answers, Second Edition By Robert James McWhirter Presented in a question and answer format, this concise guide focuses on the criminal lawyer’s most common questions about immigration law and representing noncitizens. For orders, visit www.abanet.org/abastore or call (800)285-2221. Mention product code 5090100. FEATURED COMMITTEES… The Women in Criminal Justice Committee: Examines contemporary issues faced by women in the criminal justice community, including practitioners, judges, criminal justice professionals, victims, and offenders. Examines the systemic characteristics and needed improvements of the criminal justice system to address those issues unique to women. Join now or call (202) 662-1516 for more information. Science and Technology Committee: Examines issues relating to developments in science and technology that affect the practice of law, as well as the general role of science and technology in the criminal justice system. Join now or call (202) 662-1516 for more information. See also other CJ Section Committees UPCOMING EVENTS… Criminal Justice Section Spring Meeting April 27, 2006 San Francisco, CA; San Francisco Federal Courthouse April 28-30, 2006 Napa, CA; Napa Valley Marriott Hotel & Spa A CLE Program, Human Trafficking – Forced Labor, and Reception will be held April 27 at the San Francisco Federal Courthouse. Another CLE Program, to be held Friday, at the Napa Valley Marriott Hotel and Spa, will focus on DNA databases. The CJS Council will meet Saturday and Sunday. Health Care Fraud May 17-19 Fort Lauderdale, FL; Marriott Marina Health Care Fraud 2006 is the 16^th annual National Institute providing a rewarding educational experience for health care attorneys, regulators, prosecutors, criminal defense attorneys and qui tam relators’ counsel. Criminal Justice Section Annual Meeting August 3-6, 2006 Honolulu, HI CLE Programs: The Hawaii Convention Center CJ Section Meetings: Hyatt Regency Waikiki Criminal Justice Section CLE programs will include Military Tribunals Begin: National Security Champions, the International Legal Community and Individual Rights Advocates Respond, Deferred Prosecution Agreements: An Effective Way to Punish Corporate Misconduct or the End of the Adversary System?/Attorney Client Privilege in a Corporate Setting, Sex Slaves in the Twenty-First Century: The Investigation and  Prosecution of Human Trafficking. The CJS Council will meet on Saturday and Sunday. For overall information on the ABA Annual Meeting, see ABA Annual Meeting 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