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Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 9, Issue 3, Spring 1997.

Limitations Of The Adversary Approach In Our Criminal Justice System, Harry Lee Anstead

St. Thomas Law Review

If there is one thing that I would like for you to remember from my remarks today, it is the limitations of the adversary system. I would like you to keep that phrase in mind, and if you carry anything away at all to think about, let it be the limitations of the adversary system that we have in the United States.

Wounded Knee Revisited: The Personal Reflections Of A Defense Attorney Upon A Water-Shed Life Experience, Albert J. Krieger

St. Thomas Law Review

The following is a portion of a speech delivered by Mr. Krieger at the Annual Colorado Bar Association Convention in September of 1996, in which Mr. Krieger spoke of his representation of those accused in the Wounded Knee Trial.

Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman

St. Thomas Law Review

This article examines the controversy regarding the use of television cameras in state criminal trials, as discussed at The Florida Bar annual meeting held in Lake Buena Vista, Florida, on June 21, 1996. Chief Justice Gerald Kogan of the Supreme Court of Florida moderated a panel discussion on this topic. The panel consisted of Judge Stanley Weisberg of the Los Angeles Superior Court and Rikki Klieman of Court TV.

Tribal Courts: Protectors Of The Native Paradigm Of Justice, B.J. Jones

St. Thomas Law Review

The University of North Dakota School of Law provides training and technical assistance to some twenty-one tribal courts in the Dakotas and Minnesota. These courts vary in size and jurisdiction. For example, the Oglala Sioux Tribal Court2in South Dakota, on a per capita basis, handles quite possibly the largest caseload of any court in the nation, and the smaller courts in Minnesota, because of Public Law 280, handles limited disputes. All of these courts, regardless of size or docket pressures, are attempting to resolve disputes that arise within the reservation community in a manner that is loyal to the indigenous …

Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie

St. Thomas Law Review

No abstract provided.

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald C. Cadle

Law Faculty Scholarly Articles

A "genetic revolution" is upon us. Techniques for genetic testing have increased in sophistication, and an international effort to map and sequence human DNA—The Human Genome Project ("HGP")—is now well under way. We are beginning to exploit our new found genetic knowledge. Recognition of the relationship between developments in genetic science, law, and public policy, is creeping into the "literature" and into the law school curriculum. Even the popular 60 Minutes television "news magazine" recently did a program on the perils of genetic testing. Still, for lawyers and policymakers at least, the material is not all that accessible.

The following …

Lifetime Achievement Award Presented To Attorney General Janet Reno

St. Thomas Law Review

No abstract provided.

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Alaska Criminal Statute Cross-Reference Guide, Allan R. Barnes, Julie R. Watson

AJSAC reports

This guide provides cross-references between Alaska criminal statutes and National Criminal Information Center (NCIC), Uniform Crime Reports (UCR), Alaska OBTS, and Bureau of Justice Statistics (BJS) codes. The guide also includes brief annotations of each statute. The guide is also available in a computerized version. An accompanying volume, Conversion Tables for Use with the Alaska OBTS Database and the Alaska Criminal Statute Cross-Reference Guide, is designed for use with printed versions of the guide. The guide reflects legislative changes in Alaska Statutes through 1997, but is no longer updated.

School Of Law Commencement: May 11, 1996, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 11, 1996.

The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly

Northern Illinois University Law Review

As a growing number of attorneys seek and receive more media attention during trials, the days in which jurors judge a case's merits based solely on what they have heard in the courtroom are quickly fading. The author discusses the present state of Model Rules of Professional Conduct Rule 3.6, which regulates attorney speech, and examines the difficulties courts have faced in applying the provision. The solution to the attorney speech problem likely lies in a revised standard in which jurors are not required to completely leave their personal beliefs outside the jury room.

The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift

Northern Illinois University Law Review

The benefits accrued through the use of computer and technological advances unfortunately sometimes infringe upon personal liberties. This comment examines the range and scope of the Exclusionary Rule in those instances when computer or technological errors supply improper evidence about individuals to police. The author focuses on the Supreme Court decision in United States v. Evans, and then places Evans in its context in criminal procedure jurisprudence.

The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift

Northern Illinois University Law Review

This article traces the development of equal protection jurisprudence as it has been applied to one aspect of the criminal justice system, to wit, selection of juries. It demonstrates that the United States Supreme Court's approach has been inconsistent with conventional equal protection doctrine in two ways. Unlike conventional doctrine, which requires proof of subjective intent to discriminate to make out a prima facie case, the Court has found that the mere use of a jury selection process that has a proven statistically disparate negative impact on the selection of African-American jurors is sufficient to establish a prima facie violation …

The Nova Southeastern Lawyer, 1996, Volume 10, Number 1, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Prospective Student Information Booklet (1995-96), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

Legal Ethics And The Struggle Of Native Americans, Harry Lee Anstead

St. Thomas Law Review

No abstract provided.

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …

Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland

Theses: Doctorates and Masters

This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …

Designing A "System For Idiots": An Analysis Of The Impracticality Of Davis V. United States On Ambiguous Waivers Of The Right To The Presence Of Counsel, William G. Worobec

Northern Illinois University Law Review

This article explains the United States Supreme Court holding that police, upon a suspect's equivocal reference to their Fifth Amendment right to the presence of counsel during interrogation, are no longer required to clarify the suspect's true intent. The author contends the majority was erroneous in holding equivocal waivers to be equivalent to clear waivers, and that the decision could not be reconciled with Miranda and its progeny. The Court has impermissibly placed the burden of a mastery of the law on the less knowledgeable suspect, and consideration need be given to existing lower court proposals, or a modification thereof …

Parity And The Litigation Of Private Property Rights In The United States And Germany: Evidence In Support Of Chemerinsky's Litigant Rights Principle, Timothy L. Gartin

Northern Illinois University Law Review

This article reviews the stalemate in the parity debate as to whether state courts are functionally interchangeable in their likelihood to protect federal constitutional rights in general and private property rights in particular. The article then summarizes Professor Chemerinsky's litigant choice principle as a means for resolving the debate. A comparison with the German judicial system yields support for the litigant choice principle.

Annotated Bibliography Of Educational Materials On Legal Ethics, Deborah L. Rhode

Law and Contemporary Problems

Rhode presents an annotated bibliography that includes references to written and audiovisual materials for legal ethics courses and curricular integration projects.

School Of Law Commencement: May 13, 1995, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 13, 1995.

The Obviously Impossible Attempt: A Proposed Revision To The Model Penal Code, Kyle S. Brodie

Northern Illinois University Law Review

This article discusses the problems posed by attempt crimes which have no chance of succeeding (often called "obviously impossible attempts"). Impossibility has largely been abolished as a defense to attempt crimes, so the obvious impossibility of an attempted crime is legally irrelevant in determining whether or not it should be punished. Even so, the author contends that many of the reasons attempt crimes are punished do not apply to obviously impossible attempts. The author's proposed solution is to add an element of "reasonableness" to the definition of attempt crimes.

The Nova Southeastern Lawyer, 1995, Volume 9, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill

St. Thomas Law Review

No abstract provided.

Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green

St. Thomas Law Review

This Article focuses on how standards of prosecutorial conduct are enforced. As will be discussed, the process for sanctioning wrongful conduct of federal prosecutors is structurally inadequate. Federal prosecutors are subject to discipline by as many as four different authorities. Yet, each of the available disciplinary mechanisms is itself deficient. Furthermore, the diffusion of responsibility among different mechanisms compounds the problem.

Professionalism And Life In The Trenches: The Case Of The Public Defender, Rodney Thaxton, Lida Rodriguez-Taseff

St. Thomas Law Review

I would like to start with a little story. This actually happened during my employment at the Dade County Public Defender's office, when I was in juvenile court. There was this very bright young man who, having been arrested for stealing bicycles, was in detention. He had figured out an ingenious way to steal bicycles. He would go into the bicycle section in department stores, get a bicycle, and start riding it around. An employee would invariably say, "Oh, you can't ride that bicycle in here. Take it out," and would escort him to the door with the bicycle. He …

Yossarian Is Back, The Ultimate Catch-22: What To Do When The Statute Of Limitations Has Run On Lesser Offenses, Chris L. Kleppin

St. Thomas Law Review

This Comment examines how the courts in Florida have treated the issue of whether, and if so how, to give lesser-included-offense instructions when the statute of limitations has not run on the greater offense but has run on the lesser offenses. The remainder of this Part discusses the relevant aspects of statutes of limitations and lesser-included offenses respectively. Part II of this Comment is a chronological summary, from 1879 to 1980, of Florida cases in which the courts confronted the issue of the statute of limitations and lesser-included offenses. These cases dealt primarily with whether and how jury instructions should …

Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs

St. Thomas Law Review

No abstract provided.