Mark J. Mahoney - Publications
Here are some documents that I've published. You can view them by clicking on the thumbnail.
Bug Bytes: Managing Wiretap Cases with Computers
"Bug Bytes: Managing Wiretap Cases with Computers," like any work in this fast-changing technology, has parts that are outdated. Primarily this is in the area where we discuss the government systems for interception, storage and retrieval of audio (and video) information. But the basic discussion of digitization and the approach that must be taken are still very timely.
Computer Animation and Simulation in the Courtroom
The case of Antonino Schepis, and his prosecution for homicide based on the rollover of his tractor-trailer, is a perfect case study of the application of science and technology to serious criminal cases. Basing our defense on the evidence we needed to find, before we knew it existed, led us to the perfect experts, with the perfect proof of innocence, by a means which had not yet been tried before in a courtroom— a true computer simulation of a tractor-trailer rollover. This article describes the Schepis case, the technological challenge, how the computer simulation helped us discover the real question and get a complete acquittal.
The Death Penalty: Three (of Four) New Perspectives
Mark was invited to present this paper to the International Symposium on Violence Reduction in Threory & Practice presented in June of 1999 by the Colloquium on Violence & Religion ("COVR") and the Department of Religion at Emory University, in Atlanta. The COVR is an international association of scholars founded in 1990. It is dedicated to the exploration, criticism, and development of René Girard's model of the relationship between violence and religion in the genesis and maintenance of culture. The paper explores the role of this model of "mimesis" and "scapegoating" in relation to the death penalty in the United States, from a tactical perspective at trial to a constitutional argument that the death penalty, as an inherently religious ritual, involves the Establishment of Religion in violation of the First Amendment.
The Right to Present a Defense
"The Right to Present a Defense" is a work that began in 1980 as a recapitulation of the seminal articles by Prof. Peter Westen on the compulsory process clause. It has been widely circulated around the country among criminal defense lawyers and is the only available source dedicated specifically to explicating this critical constitutional right.
Writing the Criminal Appeal Brief
The latest version of "Writing the Criminal Appeal Brief" was presented at the Fall meeting of the National Association of Criminal Defense Lawyers, in Boston. It surveys a range of tactical, technical, typographical and theoretical issues in appellate advocacy, with some examples.