American Criminal Law Review articles from June 2005

American Criminal Law Review archives from June 2005

Making the silent speak and the informed wary.(false statements to impede government investigations)
June 22, 2005... Three executives of a software company, Computer Associates, recently pled guilty to federal charges of obstructing justice and conspiring to commit securities fraud. (1) The charges were grounded in backdated licensing agreements and other...

The lessons of People v. Moscat: confronting judicial bias in domestic violence cases interpreting Crawford v. Washington.
June 22, 2005... I. INTRODUCTION Crawford v. Washington was a groundbreaking decision that radically redefined the scope of the Confrontation Clause. (1) Nowhere has the impact of Crawford and the debate over its meaning been stronger than in the context...

Miranda and reasonableness.
June 22, 2005... Last term's decisions in Yarborough v. Alvarado (1) and Missouri v. Seibert (2) shed important light on the state of the Miranda doctrine in the Supreme Court. In Yarborough, a slim majority held that a state appellate court's failure to...

The "abuse excuse" in capital sentencing trials: is it relevant to responsibility, punishment, or neither?
June 22, 2005... I. INTRODUCTION During the sentencing phase of a capital trial, it is defense counsel's obligation to humanize their client: (1) to have the jurors see not merely a murderer, but a person in whom we see the "diverse frailties of...

Journalists caught in the crossfire: Robert Novak, the First Amendment, and journalist's duty of confidentiality.
June 22, 2005... INTRODUCTION A single statement by a journalist can set off a firestorm of criticism. In the case of columnist Robert Novak, his statement also fired up a debate on the limits of speech protected under the First Amendment. Novak set...

Is Missouri v. Seibert practicable? Supreme Court dances the "two-step" around Miranda.
June 22, 2005... Is Miranda v. Arizona (1) merely an exercise in formalism, or does Miranda embrace a substantive commitment to constitutional rights? On June 28, 2004, the Supreme Court rendered an opinion in Missouri v. Seibert (2) rejecting Missouri's...