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47 Colum. J.L. & Soc. Probs. [i] (2013-2014)

handle is hein.journals/collsp47 and id is 1 raw text is: COLUMBIA JOURNAL OF LAW AND SOCIAL PROBLEMS Volume 47 Number 1 Fall 2013 Copyright @ 2013 by the Columbia Journal of Law and Social Problems, Inc. PRIOR JUDICIAL FINDINGS OF POLICE PERJURY: WHEN HEARSAY PRESENTED AS CHARACTER EVIDENCE MIGHT NOT BE SUCH A BAD THING........................................................1 Rule 608(b) of the Federal Rules of Evidence allows for inquiry into specific instances of a witness's conduct on cross examination for the purposes of impeachment, but forbids the use of extrinsic evidence to prove that course of conduct. In a 1993 article subsequently cited by the Rules' Advisory Committee, Professor Stephen Saltzburg argued that inquiry into the consequences of a witness's prior course of action should also be forbidden, as it is tantamount to tucking a third person's opinion about prior acts into a question asked of the witness who has denied the act. Despite the endorsement of the Advisory Committee, circuits have differed in their respective approaches to this problem, and have been particularly resistant to the Advisory Committee's argument when the extrinsic evidence in question is a judicial finding from an earlier trial that testimony by the witness was not credible. This Note explores the costs and benefits of varying approaches to this problem as applied to police testimony. While an increasing number of courts have rejected Saltzburg's conclusion, most Courts confronting the issue have also noted that such questions would be barred under the hearsay rules if an objection had been properly raised. This Note argues that the extrinsic evidence approach should be abandoned, and that the hearsay rules should be relaxed in cases of prior judicial findings of police perjury, ultimately confiding the decision whether or not to admit to an ordinary Rule 403 analysis. Such an approach will not only allow the finder of fact to properly assess the reliability of police witnesses, but also deter police perjury before the fact. REACTING TO THE JUDICIAL REVOLT: APPLYING INNOVATIONS IN NARCOTICS SENTENCING TO FEDERAL NON-PRODUCTION CHILD PORNOGRAPHY CASES..........31 In the last twenty years, average sentence for defendants convicted of possessing, receiving or distributing child pornography (non-production child pornography offenses) has risen dramatically. Many federal judges have started to buck this trend, sentencing defendants below the range recommended by the Federal Sentencing Guidelines. These long prison terms are the product of antiquated sentencing guidelines, mandatory minimum sentences, and high maximum sentences. This Note suggests two novel changes to child pornography sentencing that would help to resolve these issues. First, a safety valve provision should be instituted to avoid imposing mandatory minimum sentences in inappropriate cases, similar to the

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