American Criminal Law Review articles from September 2003

American Criminal Law Review archives from September 2003

Rhetorically reasonable police practices: viewing the Supreme Court's multiple discourse paths.
September 22, 2003... This Article analyzes the United States Supreme Court's numerous and shifting rhetorical discourse paths for declaring whether particular governmental practices constituted unreasonable searches or seizures under the Fourth Amendment to the...

Forensic use of actuarial risk assessment with sex offenders: accuracy, admissibility and accountability.
September 22, 2003... INTRODUCTION The decade of the nineties ushered in an unprecedented number of state and federal laws intended to manage sexual offenders. (1) Among the most controversial are the so-called "sexually violent person" (hereinafter "SVP") laws...

Problem-solving courts: from innovation to institutionalization.
September 22, 2003... FOREWORD: The phenomenal growth of drug courts and other forms of "problem-solving" courts has followed a pattern that is characteristic of many successful innovations: An individual or small group has or stumbles upon a new idea; the idea...

The politics of problem-solving: an overview of the origins and development of therapeutic courts.
September 22, 2003... Therapeutic justice is a growing intellectual and socio-political movement, and like all movements it has diverse sources, influences, and goals. Like all movements, its outcomes are unpredictable. Even if we knew the future and could foresee...

Commentary on Candace McCoy.(response to article by Candace McCoy in this issue, p. 22)
September 22, 2003... Despite assorted growing pains and some legitimate concerns raised by McCoy and other commentators in this volume, problem-solving courts represent an important development in the American justice system and in how we think about doing...

Redefining criminal courts: problem-solving and the meaning of justice.
September 22, 2003... INTRODUCTION Few would dispute that there is considerable frustration with conventional practices in the American criminal justice system. Ubiquitous are complaints about overcrowded jails and prisons; the expense and burden of increasing...

A neo-retributionist concurs with Professor Nolan.(response to article by James L. Nolan in this issue, p. 1541)
September 22, 2003... I loved Professor Nolan's paper, and not just because he and I are among the few people to suggest that the emperor of therapeutic jurisprudence has no clothes. (1) What I loved about it is that it focuses on the deepest darkest secret of the...

Community courts and the process of accountability: consensus and conflict at the Red Hook Community Justice Center.
September 22, 2003... I. COMMUNITY COURTS--REFORM AND ACCOUNTABILITY Community courts belong to an array of legal reforms designed to improve the efficiency and accountability of the court system. They have been proposed as a new version of justice--one that...

Criminal defenders and community justice: the drug court example.
September 22, 2003... In many drug courts the lawyers do not even show up for the regular drug court sessions, and even when they do, it is often difficult to determine just which persons in the courtroom are the attorneys. JAMES NOLAN, REINVENTING JUSTICE (1)...

Professional identity: comment on Simon.(response to article by William H. Simon in this issue, p. 1595)
September 22, 2003... Lord Brougham--the icon of zealous advocacy, who saw it as his duty to "save [his royal] client by all means and expedients and at all hazards and costs to other persons and, among them, to himself" (1)--would not last long in a Cuban criminal...

Why defenders feel defensive: the defender's role in problem-solving courts.(response to article by William H. Simon in this issue, p. 1595)
September 22, 2003... The newest version of problem-solving courts has scarcely reached adolescence. (1) Many of these courts remain in the "model" stage, attempting to create a structure and vision that will have a transformative, systemic effect. (2) Others, drug...

Mitigating the impressionability of the incorporeal mind: reassessing unanimity following the obstruction of justice case of United States v. Arthur Andersen L.L.P.
September 22, 2003... I. THE RISE AND RUIN OF ARTHUR ANDERSEN A. Arthur Andersen, 1913-2002 B. The Corporate Sin of Corrupt Persuasion C. The Trials of Trying an Entity D. The Origins and Implications of a Mooted Question II....

Litigating terrorism: the new FISA regime, the wall, and the Fourth Amendment.(Foreign Intelligence Surveillance Act)
September 22, 2003... I. INTRODUCTION II. EVOLUTION OF U.S. FOREIGN SURVEILLANCE LAW III. SUMMARY OF THE FISA COURT OF REVIEW'S DECISION A. New FISA Regime vs. Title III 1. Probable Cause 2. Particularity 3. Necessity ...