American Criminal Law Review articles from June 2004

American Criminal Law Review archives from June 2004

Grandfathering evidence: fingerprint admissibility rulings from Jennings to Llera Plaza and back again.
June 22, 2004... ABSTRACT This Article treats post-Daubert rulings on the admissibility of forensic fingerprint identification as a "demanding test" of the courts' ability to apply Daubert consistently and coherently. The article begins with a discussion...

The role of the parent/guardian in juvenile custodial interrogations: friend or foe?
June 22, 2004... I. INTRODUCTION It is, unfortunately, an all-too-common scenario. The phone rings at home; it is the police; they have a minor--let's call him Jeremy--in custody. Jeremy waits in a holding cell. His mother arrives. She is angry--angry...

Redefining criminal courts: problem-solving and the meaning of justice.(response to James Nolan, American Criminal Law Review, vol. 40, p. 1541, September 2003)
June 22, 2004... The central argument of James Nolan's "Redefining Criminal Courts: Problem-Solving and the Meaning of Justice" seems to be that problem-solving courts have become so blinded by the seductive rhetoric of "therapeutic jurisprudence" that they...

Electronic surveillance in the Internet age: the strange case of pen registers.
June 22, 2004... I. INTRODUCTION As technology advances, the ability of the government to monitor electronic communications has become crucial for fighting crime and terrorism. At the same time, serious privacy concerns have led the courts and Congress to...

Prevention of computer crime amidst international anarchy.
June 22, 2004... I. INTRODUCTION In confronting the rising phenomenon of computer crime, strategies that focus solely on increasing the effectiveness of prosecution will inevitably fail. A legal framework that relies on uniform global substantive law in...