Approved by the ABA House of Delegates
Sept. 2010
At the 2010 Annual Meeting in San Francisco, the House of Delegates approved resolutions that the Criminal Justice Section initiated or co-sponsored regarding the following issues (click on the relevant REPORT # to view the full text of the resolution and the background report):
REPORT 100A* (Investigations and reports of professional misconduct of U.S. Justice Department Attorneys)
Urges the United States Department of Justice to continue in its commitment to investigate allegations of professional misconduct on the part of the Department’s lawyers and to release as much information regarding completed investigations as possible, consistent with privacy interests and law enforcement confidentiality concerns.
REPORT 100B* (Prosecutorial “misconduct” and “error”)
Urges trial and appellate courts, in criminal cases, when reviewing the conduct of prosecutors to differentiate between “error” and “prosecutorial misconduct.”
REPORT 100C* (Funding for defense advice about immigration consequences)
Urges federal, state, territorial, tribal and local governments to provide funding to state and federal public defender offices and legal aid programs specifically for the provision of immigration advice about the immigration consequences of criminal proceedings to indigent non-U.S. citizen defendants, and about any available relief from such consequences.
REPORT 100D* (Funding for forensic science research)
Urges federal, state, local and territorial governments to provide sufficient funding and resources necessary to facilitate basic and applied scientific research to improve and/or further develop forensic science disciplines.
REPORT 100E* (Funding for standards, accreditation, examinations of forensic laboratories)
Urges the federal government to provide funding and resources sufficient to facilitate the examination of existing standards, accreditation and certification for government and private laboratories, examiners/analysts in government and private laboratories, and identified forensic science service providers who offer examination conclusions and/or interpretations of forensic laboratory results.
REPORT 100F* (Funding to integrate forensic sciences into homeland security)
Urges the federal government to provide the funds, resources and other support necessary to effectively integrate the forensic science community into the nation’s system of homeland security.
REPORT 100G* (Funding for mandatory medico-legal death accreditation, certification)
Urges federal, state, and territorial governments to provide funding and enact legislation necessary to support requiring that all offices charged with conducting medico-legal death investigations meet mandatory accreditation, certification or professional practice standards within a reasonable timeframe.
REPORT 100H* (Funding re fingerprint identification and ballistic information networks)
Urges Congress to enact legislation and authorize and appropriate funds necessary to achieve nationwide interoperability of the Automated Fingerprint Identification System and improve the effectiveness of the National Integrated Ballistic Information Network.
REPORT 100I (Funding for testing and re-testing evidence and for expert assistance)
Urges federal, state, local and territorial governments, legislative bodies and courts to provide the funds and other resources necessary to assure that in criminal cases an accused: 1) is able to obtain testing or retesting of evidence, and 2) is provided expert testimonial or other assistance when necessary to assure a fair trial or sentencing proceeding.
REPORT 115** (Micro-stamping of semi-automatic pistols)
Urges federal, state and territorial governments to enact laws requiring that all newly-manufactured semi-automatic pistols be fitted with microstamping technology which would enable law enforcement to identify the serial number of the pistol and hence the first known purchaser of a weapon used in a crime.
REPORT 116** (Money laundering and terrorist financing)
Supports the U. S. Government’s efforts to combat money laundering and terrorist financing and observes that voluntary, risk-based and updated guidance would assist legal professionals to avoid money laundering and terrorist financing risks when providing services to clients and adopts the Voluntary Good Practices Guidance for Lawyers to Detect and Combat Money Laundering and Terrorist Financing.
_________________________________ * A service of the ABA Criminal Justice Section.