American Criminal Law Review articles from June 2006

American Criminal Law Review archives from June 2006

A push down the road of good corporate citizenship: the deferred prosecution agreement between the U.S. attorney for the District of New Jersey and Bristol-Myers Squibb Co.
June 22, 2006... Corporate fraud cases present prosecutors with a particularly complex mix of considerations to analyze and ultimately balance in order to appropriately resolve allegations of corporate wrongdoing. The range of options available to prosecutors...

Negotiating justice: prosecutorial perspectives on federal plea bargaining in the District of Columbia.
June 22, 2006... INTRODUCTION When the editors of the American Criminal Law Review invited us to choose an essay topic related to the theme of this issue--The State of Federal Prosecution--it did not take us long to focus on federal plea bargaining. During...

Corporate criminal prosecution in a post-Enron world: the Thompson Memo in theory and practice.
June 22, 2006... INTRODUCTION [P]rosecutors have exploited their virtually unchecked power to extract and coerce ever greater concessions, jeopardizing the very nature of our adversary system. It is destruction by accretion--a staged but...

The defense witness immunity doctrine: the time has come to give it strength to address prosecutorial overreaching.
June 22, 2006... I. INTRODUCTION A disturbing trend in federal white collar crime prosecutions is the government's manipulation of immunity grants and charging decisions to make exculpatory witnesses unavailable to the defendant at trial. In the typical...

Deputizing - and then prosecuting - America's businesses in the fight against illegal immigration.
June 22, 2006... There has been a significant upsurge in the number of federal criminal prosecutions in recent years. In fact, between fiscal years 2000 and 2004, the number of federal criminal cases increased by about one-third. (1) This upswing in federal...

Under pressure to catch the crooks: the impact of corporate privilege waivers on the adversarial system.
June 22, 2006... Our criminal justice system is, at its core, an adversarial system. "The very premise of our adversary system of criminal justice is that partisan advocacy on both sides of a case will best promote the ultimate objective that the guilty be...

Love's labour's lost: Michael Lewis Clark's constitutional challenge of 18 U.S.C. 2423(c).
June 22, 2006... I shall be forsworn--which is a great argument of falsehood,--if I love. And how can that be true love which is falsely attempted? Love is a familiar; Love is a devil: there is no evil angel but Love. --William Shakespeare, Love's Labour's...