2011 Spring, Pg. 4. Introduction.

AuthorBy Matthew R. Serge

New Hampshire Bar Journal


2011 Spring, Pg. 4.


New Hampshire Bar JournalVolume 52, No. 1Spring 2011IntroductionBy Matthew R. SergeThis issue features the first of a two-part series of articles and opinions on the death penalty, which begins on page 20. In addition, this edition of the Bar Journal offers a diverse collection of articles providing valuable insight into other areas of the law.

Also in the criminal law area, Joanne P. Tetreault Eldredge, a deputy clerk of court for the United States Army Court of Criminal Appeals in Arlington, Virginia, takes a look at the good faith exception to the exclusionary rule in the federal and state courts. Her article, "New Hampshire's View of the Good Faith Exception: Anachronistic or Visionary?" examines the development, in federal courts, of the good faith exception to the exclusionary rule, which provides an exception to the common principle that evidence obtained in violation of a criminal defendant's constitutional rights is not admissible to establish the defendant's guilt. The article then reviews New Hampshire's treatment of the exclusionary rule and its rejection of the good faith exception.

James O'Shaughnessy tackles the very timely topic of cyber-bullying. His article, "Is Cyber-Bullying the Next Columbine: Can New Hampshire Schools Prevent Cyber-Bullying and Avoid Liability?" provides a comprehensive review of cyber-bullying, and tackles the difficult issue of regulating off-campus cyber activities. Importantly, O'Shaughnessy, using current case law as a guide, offers suggested practice tips for controlling both on and off-campus cyber-bullying while trying to avoid liability.

This issue also has articles touching on family law, involuntary hospitalization and treatment -- and then goes into outer space!

Psychologists Benjamin D. Garber, Ph.D. and Laura M. Landerman-Garbei; Ph.D., in "Muchmore and Jaycox: A Call for Developmentally-Responsive Parenting Plans," discuss the 2009 New Hampshire Supreme Court decision, In the Matter of Adam Muchmore and Amy Jaycox. In this case,the New Hampshire Supreme Court restricted a lower court's ability to modify parenting plans based purely on a child's best interests. The authors explain that although the Muchmore decision has been criticized, it can be viewed as helpful since it forces...

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