Table of ConTenTs

4 Prosecutors Reinvestigate Questionable Evidence Dallas establishes “conviction integrity unit” By Terri Moore

Dallas County’s conviction integrity unit has been widely recognized as an innovative program that addresses questionable convictions while it also seeks to encourage all the actors—prosecutors, defense, and law enforcement—to share resources in an effort to prevent such travesties of justice. But the road to success was not easy. In this article, the author describes the behind-the-scenes political battles, the pivotal cases, and the long-term outlook for the program as it moves beyond the easier cases involving DNA evidence to those with less-tangible evidence.

5 Judiciary Examines Causes of Wrongful Convictions new york state task force issues report By Hon. Jonathan LippmanAs important as it is to correct wrongful convictions, New York State’s judiciary believes it is just as important to prevent them. Under the author’s aegis as the state’s chief judge, a task force was formed in 2009 to examine past cases of wrongful convictions and identify the common factors that led up to the erroneous decisions. In addition, Judge Lippman issues a special call to the judiciary to accept a primary role in reducing the risk of future miscarriages of justice.

17 Blind Mules new Data anD new case law on the borDer smuggling inDustry By Caleb E. Mason To what extent can litigants use evidence about the structure of underground drug smuggling operations in trying cross-border smuggling cases? The Ninth Circuit recently announced a broad rule of admissibility for such testimony, and the author is completing a detailed empirical study of the cross-border smuggling economy that amasses new data and answers some old questions. Here he assesses how such research could help move trial practice beyond the usual appeal for a juror to use “common sense” intuition about how a smug- gling business runs.

26 FCA 101: A Practitioner’s Guide to the False Claims Act By Douglas K. Rosenblum and John A. Schwab

False Claims Act (FCA) cases are on the rise, according to the authors, and a working knowledge of the basics of the FCA is essential for any white collar practitioner. The article looks at what makes the FCA such a powerful tool, how a case is filed, the IRS bounty program, and whistleblower protections.

32 On the Edge of Homicide: Strangulation as a Prelude By Gael B. Strack and Casey GwinnOften dismissed as minor incidents by the criminal justice system, “choking” is now seen as a leading indicator for when domestic violence (DV) is likely to lead to murder. For those who deal directly with DV, choking (more appropriately “strangulation”) is difficult to document because it may leave no or only minor visible marks. In this article, the authors discuss better training for those involved in these types of DV cases as well as increased use of strangulation laws and experts at trial.

1 Chair’s Counsel rippeD from the heaDlines: no way to create a coherent system of laws

37 Federal Sentencing looking at the bop’s amenDeD rDap rules 40 Criminal Justice Matters how to be a conscientious objector

42 Cert Alert supreme court cases of interest

51 Trial Tactics Dissecting Declarations against interest 54 Book Review winning the acquittal 55 Ethics contingent rewarDs for prosecutors? 59 Practice Pointers criminal Discovery in the roger clemens case 61 Scientific Evidence Daubert anD criminal prosecutions

64 Section News annual meeting highlights

71 Leadership Roster

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Criminal Justice (issn 0887-7785) is published quarterly as a service to its members by the american bar association section of criminal justice. copyright © 2011 american bar association. editorial, advertis-ing, circulation, subscription offices: 321 n. clark street, chicago, il 60654-7598. section offices: aba, 740 15th street, nw, washington, Dc 20005-1009.

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criminalJUSTiCEAmericAn BAr AssociAtion n section of criminAl Justice fAll 2011 Volume 26, numBer 3

EdiTORiAL BOARdChairandrew e. taslitz

Vice Chair richard a. ginkowski

Membersj. vincent aprile ii Douglas a. berman hon. arthur l. burnett, sr.i. matthew campbell, jr. janet fink benjamin n. gluckcecelia m. klingelejustin p. murphymyrna s. raeder matthew f. redleDavid e. rothsherri l. schornstein

Associate EditorDavid a. schlueter

Contributing Editorsj. vincent aprile iialan ellis carol garfiel freemanpaul c. giannelli peter a. joy kevin mcmunigalstephen a. saltzburgkyo suh

ABA PUBLiSHiNGdirector, ABA Publishingbryan kay

director, Editorialclaire parins

Editormaryann Dadismanmaryann.Dadisman@americanbar.org

Acting director, design/Productionjill tedhams

Graphic designerandrew o. alcalaandrew.alcala@americanbar.org

Production Coordinatorrhonda majot

Cover imageandrew Dorsett — illustration

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