American Criminal Law Review articles from December 2003

American Criminal Law Review archives from December 2003

The useful, dangerous fiction of grand jury independence.
December 22, 2003... "A fiction may be an expedient but false assumption." Lon L. Fuller, Legal Fictions The constitutional lore, nurtured by the Supreme Court, is that the federal grand jury is a "protective bulwark," whose central mission is to protect...

Please step away from the shredder and the "delete" key: ss. 802 and 1102 of the Sarbanes-Oxley Act.
December 22, 2003... I. CRIMINALIZATION OF DOCUMENT DESTRUCTION PRIOR TO SARBANES-OXLEY A. Pre-Sarbanes-Oxley Authority to Prosecute Document Destruction 1. 18 U.S.C. [subsection] 1503 & 1505 2. 18 U.S.C. [section] 1512...

Proposed codification of disclosure of favorable information under Federal Rules of Criminal Procedure 11 and 16.
December 22, 2003... BACKGROUND AND SUMMARY I. BRADY V. MARYLAND BACKGROUND A. Brady v. Maryland B. Brady Evolution C. The Special Role of the Prosecutor in Ensuring a Fair Trial II. FEDERAL DISCOVERY PRACTICE A. Federal Rule of...

When money isn't enough: the case for holistic compensation of the wrongfully convicted.
December 22, 2003... I. INTRODUCTION Ray Milton Krone graduated in the top ten percent of his high school class and went on to became a sergeant in the United States Air Force. (1) After an honorable discharge, he took a job in Arizona with the United States...

Money laundering and terrorism: informal value transfer systems.
December 22, 2003... We will direct every resource at our command to win the war against terrorists, every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence. (1) As a result of the September 11th...