ABA Criminal Justice Section E-News     March 2007

 

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    CHAIR’S MESSAGEgg

 

 

Robert M.A. Johnson 

The 21st Annual National Institute on White Collar Crime was held March 1-2 in San Diego.  This conference has become the preeminent gathering of criminal justice practitioners in the country.  Over 1300 practitioners registered for this year’s conference.  One of the highlights occurred at the Section’s White Collar Crime luncheon when Attorney General Alberto Gonzales spoke about the priorities of the Department of Justice (click here for the speech).

 

The work of the Section’s White Collar Crime Committee, and particularly Ray Banoun, has made this conference successful.  Ray was honored at the conference for his contribution to the Section and our profession when he was awarded the Charles English Award.  This award is recognized by many as the Section’s highest award for exceptional service.

2007 nominations for the Section’s three awards are due April 10.

 

Providing high quality CLE’s is a priority for the Section.  Please see the Section Calendar for a list of CLE programs.

                                                         

   NEWS

Nominations Committee Report

ABA Criminal Justice Section Members in The Best Lawyers in America® 2007

Special Edition of CJS Newsletter on Disaster Preparedness and Criminal Justice

   UPCOMING EVENTS 

 

Representing Your Client Effectively in Congressional Investigations Teleconference/Live Audio Webcast, March 8       

With the advent of the 110th Congress and the change in control of both houses, a wide range of investigations in the House and Senate is anticipated. A Congressional investigation poses enormous challenges that are unique for counsel who are unfamiliar with these practices and procedures. Traditional litigation skills are of limited applicability. The hearing room is not a court room and what may be appropriate in the courtroom can be counterproductive before a Congressional Committee. This program will allow you to learn how the process works from highly experienced professionals. The panelists include senior staff of several of the most powerful figures in Congress. It is an opportunity to learn about the process from their perspective as well as from the perspective of practitioners who have had experience representing clients in these venues.

 

March 8

White Collar Crime-DC Regional Committee Program, Washington, DC

March 8

Representing Your Client Effectively in Congressional Investigations, Teleconference/Live Audio Webcast

March 30

Collateral Consequences of a Criminal Proceeding, Chicago, IL

April 21

Juvenile Justice Committee Meeting, ABA Washington office (1-4 pm)

May 10-13

Criminal Justice Section 2007 Spring Meeting, Grand Hotel, Mackinac Island, MI

May 16-18

17th Annual National Institute on Health Care Fraud, New Orleans, LA

Aug. 9-14

ABA Annual Meeting, San Francisco, CA
Criminal Justice Section – Hilton Hotel (Aug. 9-12)

See other Criminal Justice Section events: Calendar of Events.

 

   SUPREME COURT CASES 

 

Whorton v. Bockting

 

The United States Supreme Court unanimously reinstated a Nevada child molester's conviction in a decision that continued the Court's refusal to apply recent rulings on criminal procedure to older cases.

 

In 1988, Marvin Bockting was convicted of child molestation based on his 6 year-old stepdaughter's statements to police.  The child, however, did not testify at trial, so Bockting's attorneys never had the opportunity to questions her.

 

In 2004, the Supreme Court ruled, in Crawford v. Washington, that defendants have a constitutional right to cross-examine witnesses against them.  In Bockting, the 9th U.S. Circuit Court of Appeals ruled that the 2004 decision should apply retroactively and overturned the conviction.  Justice Alito, writing for the majority, disagreed.  The Court stated that the 2004 ruling would not apply to older cases like Bockting's.   The 2004 decision did not effect a change of this magnitude.

 

Wallace v. Kato

 

In a 7-2 ruling, the U.S. Supreme Court refused to allow a man wrongly imprisoned for more than eight years to sue the police officers who arrested him.  The Court stated that Andre Wallace whose murder conviction was overturned in 2002 waited too long to file his false arrest lawsuit.  Wallace had two years in which to file his lawsuit, which he began working on during the year after his release.  The issue before the Court was when the two-year clock began to run.  Writing for the majority, Justice Scalia stated that the correct starting point is when a judge reviews the criminal charge against a defendant and bounds him over for trial.  In Wallace's case, this hearing occurred in 1994.


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