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Selected Works

Robert M. Sanger

Articles 1 - 17 of 17

Full-Text Articles in Law

“Collusion” And The Criminal Law, Robert M. Sanger Sep 2018

“Collusion” And The Criminal Law, Robert M. Sanger

Robert M. Sanger

The journalistic use of the term “collusion” in the air; it might be a good time for a refresher. This article will make an effort to cover the general framework of federal crimes in which a potential target (i.e., a would be defendant if a case were filed) had a guilty mind but did not directly do the ultimate act. Looked upon from the “collusion” perspective, it is a situation where a person did something with others in which some illegal result was attempted or accomplished by some or all of the participants. Broadly construed, inchoate crimes would include attempt, …

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A New Philosophy In The Supreme Court, Robert M. Sanger Aug 2018

A New Philosophy In The Supreme Court, Robert M. Sanger

Robert M. Sanger

This is a positive article about the soon-to-be-newlyminted United States Supreme Court. No, this is not written by a guest columnist and, yes, the present author still holds progressive views regarding criminal justice. Assuming the Supreme Court and other branches of government continue to function – even if in less than an optimal fashion – we, as lawyers, have to work with what we have. We have a conservative Supreme Court with, presumably, conservative principles, and that is with which we must work. One of the characteristics often seen in individual Supreme Court Justices is the tendency to rise above …

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Sb Lawyer, Courtroom Architecture And Human Beings.Pdf, Robert M. Sanger Nov 2017

Sb Lawyer, Courtroom Architecture And Human Beings.Pdf, Robert M. Sanger

Robert M. Sanger

All of us who visit courtrooms have encountered some frustration with the manner in which they are designed.  I had occasion to have a brief discussion about this with a Judge form the United Kingdom which, in turn, led to researching the literature on courtroom architecture.  In this Criminal Justice column, we will explore some of the current themes (or themes that should be current) regarding what courtrooms look like, why they look that way and how we can do better.
For the purpose of this article, we will look at the broad historic trends in development of the modern …

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The Forensic Community Can Educate Lawyers, Judges, Robert M. Sanger Jun 2017

The Forensic Community Can Educate Lawyers, Judges, Robert M. Sanger

Robert M. Sanger

Forensic science has made significant strides in elevating the standards for forensic analysis, reporting and testimony over the last few years. Yet, lawyers and judges lag far behind in understanding the significance of these strides. There is an attempt to educate law students in the law schools and to educate lawyers and judges through continuing legal and judicial education but it is slow in finding its way into the actual courtroom. Therefore, while there is progress at the highest levels of forensic science, a lot of "junk" science competes for the attention of jurors.

Forensic scientists can help educate the …

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Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger Apr 2017

Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger

Robert M. Sanger

Every trial lawyer who is handling a capital case in California or who has handled a capital case for which the decision of the California Supreme Court is not final on a pending habeas corpus petition, needs to be aware of certain specific duties and strategies required by The Death Penalty Reform and Savings Act of 2016,1 Proposition 66, enacted by the voters2 on November 8, 2016.3 The Act imposes new duties on capital trial counsel following a judgment of death, will require more prompt discharge of other duties and may even present an opportunity. While the article focuses on …

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The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger Oct 2016

The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger

Robert M. Sanger

The President of the United States requested an in-depth report from the President’s Council of Advisors
on Science and Technology (known as PCAST) in 2015 to “consider whether there are additional steps that
could usefully be taken on the scientific side to strengthen the forensic science disciplines and ensure the validity of forensic evidence used in the Nation’s legal system.” The PCAST Report was issued September 20, 2016, specifically referring to criminal court applications of forensic science. The report has implications for civil
litigators as well as criminal. It also has implications for judges, particularly those at the trial level. …

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The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger Aug 2016

The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger

Robert M. Sanger

This article will discuss the Academy Standards Board Consensus Body for Forensics in the area of Firearms and Toolmarks, and its role in the scheme of standards, commissions and entities doing this type of work.

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Fourteen Years Later: The Capital Punishment System In California, Robert M. Sanger Aug 2016

Fourteen Years Later: The Capital Punishment System In California, Robert M. Sanger

Robert M. Sanger

Fourteen years ago, the Illinois Commission on Capital Punishment issued a Report recommending 85 reforms in the criminal justice system in that state to help minimize the possibility that an innocent person would be executed. The following year, this author conducted an empirical study, later published in the Santa Clara Law Review, to determine if  California’s system was in need of the same reforms.  The study concluded that over ninety-two percent of the same reforms were needed in California. In addition, the study showed that the California system had additional weaknesses beyond those of Illinois that also could lead to …

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Rapid Dna Testing, Robert M. Sanger May 2015

Rapid Dna Testing, Robert M. Sanger

Robert M. Sanger

In 2010, the FBI began the process of encouraging the development of Rapid DNA testing. Rapid DNA testing involves a fully automated process of developing a “short tandem repeat” (STR) profile from a reference sample. The process consists of automated extraction, amplification, separation, detection and allele calling without human intervention. In other words, it is a quick, hands free method of obtaining a DNA profile.

In this article we will look at this new and expanding area of scientific technology. We will also look at the efforts to regulate it and maintain appropriate scientific standards as well as the issues …

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Comparison Of The Illinois Commission Report On Capital Punishment With The Capital Punishment System In California, Robert M. Sanger May 2015

Comparison Of The Illinois Commission Report On Capital Punishment With The Capital Punishment System In California, Robert M. Sanger

Robert M. Sanger

No abstract provided.

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To Furman Or Not To Furman, Robert M. Sanger Mar 2015

To Furman Or Not To Furman, Robert M. Sanger

Robert M. Sanger

In capital litigation, the United States Supreme Court in Furman v. Georgia and following cases required capital punishment systems to have a form of "narrowing" so that the death penalty was imposed only on the worst of the worst. The death penalty states have failed to successfully implement this concept. As a result, "narrowing" is currently raised in all capital cases by competent defense counsel both at trial and in post conviction litigation. It is raised in addition to all other issues, including issues related to the questions of whether exclusion from the death penalty should be expanded and whether …

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Iq, Intelligence Testing, Ethnic Adjustments And Atkins, Robert M. Sanger Dec 2014

Iq, Intelligence Testing, Ethnic Adjustments And Atkins, Robert M. Sanger

Robert M. Sanger

In Atkins v. Virginia the U.S. Supreme Court declared that executing the intellectually disabled violated the U.S. Constitution’s Eighth Amendment prohibition against cruel and unusual punishment. In Atkins, the Court relied heavily on medical standards, which indicated that individuals with an IQ of approximately or below seventy and who met the other criteria for intellectual disability were ineligible for the death penalty. Twelve years later, in Hall v. Florida, the Court evaluated a Florida statute that created a bright line rule, making anyone whose IQ was above seventy eligible for execution, regardless of other factors suggesting the defendant was, despite …

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Book Review: International Human Rights And Mental Disability Law: When The Silenced Are Heard, Robert M. Sanger Dec 2011

Book Review: International Human Rights And Mental Disability Law: When The Silenced Are Heard, Robert M. Sanger

Robert M. Sanger

International Human Rights and Mental Disability Law: When the Silenced Are Heard by Michael Perlin is the definitive text on the analysis of international law, treaties, protocols, covenants, and conventions regarding mental disability issues. It also contains comparative law and philosophical analysis. Although a treasure to foreign and international teachers and practitioners, Professor Perlin’s book also focuses on areas — such as sanism and pretextuality — that may provide some insight for domestic criminal defense and mental health lawyers.

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Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger Dec 2011

Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger

Robert M. Sanger

In the Atkins case, the United States Supreme Court held that it was unconstitutional to execute a person who was intellectually disabled (mentally retarded). An IQ score is evidence that can be considered in making the determination of whether a particular individual is intellectually disabled. Certain prosecution experts seek to add points to the scores of African Americans as a form of "ethnic adjustment" making those individuals more susceptible to being put to death. This article examines the molecular biology issues that may have an effect on whether such points should properly be added.

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The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger Dec 2009

The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger

Robert M. Sanger

Trial lawyers do everything we can to avoid IAC and support the requirements of the Sixth Amendment to the United States Constitution which provides that the accused has a right to counsel -- counsel that is not only present but also effective. Under Ake v. Oklahoma , the United States Supreme Court stated that the right includes the right to have experts and investigators. Since Ake, there has been much litigation, particularly in capital cases, regarding the right to have the use of such experts to do an effective job.  

The California courts have made it clear that the …

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Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger Dec 2005

Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger

Robert M. Sanger

Essay on the Role of the Criminal Defense Lawyer. Criminal defense lawyers are often asked, "How can you represent "those" people?" The article contends that the answer is that the defense lawyer's job is to stand up for the dignity of the individual client and demand respect from the system for that client.

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Chinese Encounters, Robert M. Sanger Mar 1981

Chinese Encounters, Robert M. Sanger

Robert M. Sanger

A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.

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