Criminal law - representing aliens

Article Abstract:

Three 1999 rulings show the additional challenges facing criminal defense counsel representing illegal aliens, as these counsel must not only know how their clients' actions affect them in criminal court, but be prepared to argue how immigration law sanctions should affect the criminal cases. The cases are US v. Galvez-Falconi, US v. Banuelos-Rodriguez, and In re Resendiz. Defense counsel for clients who have either violated immigration laws or whose convictions affect their immigration status may be providing ineffective assistance of counsel is they are not knowledgeable in both areas of the law.

Crime, Illegal immigrants, Deportation

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Criminal law; the causation chain

Article Abstract:

Determining causation presents no problems in the ordinary criminal case. Statutory law derives from the common law in most jurisdictions, and prosecutors have the burden of proving that the defendant was both the "but for" and the "proximate cause" of the victim's death. Some fact patterns make these terms difficult to apply, and juries may not follow the court's view of what should be deemed sufficient evidence to prove a defendant caused a crime. In fact, jury nullification may take place depending on the defendant's and victim's actions.

Causation (Criminal law)

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Criminal law; trial court conduct

Article Abstract:

The US Supreme Court's 1999-2000 term promises rulings which will impact the trial practice of criminal lawyers, including when they may comment on a defendant's courtroom behavior in closing argument, and how far the Constitution, including the principles of Griffin, limits prosecutorial ability to argue facts the jury is undoubtedly knowledgeable about. Cases include Smith v. Robbins, which was before the high court during the previous term, and Portuondo v. Agard.

Analysis, Criminal justice, Administration of, Administration of criminal justice

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