- LAST CHANCE TO PURCHASE TICKETS TO THE FCJ GIDEON GALA!
- NACDL and the Innocence Project to Participate in FBI Post-Conviction Review
- In DISROBED: An Inside Look at the Life and Work of a Federal Trial Judge, Judge Frederic Block provides a rare and revealing look at the career, cases and wisdom of a federal court judge
- Does the Constitution Even Apply at Guantanamo? Defense teams file a sealed motion seeking a ruling.
- Fla. Supreme Court Upholds State’s Controversial Drug Law -- But decision is at odds with state’s arguments in federal court case
- NACDL Seeks Project Attorney
- Review a Book for The Champion Magazine
- Federal Policy Update
- SAVE The DATE-NACDL’s next National Advocacy Call on Developing Legislation is scheduled for Wednesday September 12, 2013 from 12:00 pm-1:00 pm EDT
- Message from Professors Steven Drizin and Richard Leo on False Confessions Study
- Stay Up-To-Date on NACDL News & Issues
- Group Admission to the Bar of the U.S. Supreme Court
- Grassroots Advocacy Mini-Survey
- Grassroots Advocacy: Members in DE, MD, NJ, PA, VA, WV, Click Here!
- Wrongful Conviction and Post-Conviction Relief Survey
- Important Research Study
- “The Criminal Docket” Weekly Podcast
- The NACDL Edge is now available for the Android
- NACDL's Daily Criminal Justice Briefing
- JUST ONE: One word. One call. Just one referral.
- Contribute to the NACDL Brief & Motion Bank today!
- Where in the World is NACDL?
- Recent Amicus Curiae Briefs Posted on NACDL Website
- NACDL on Twitter
- NACDL on Facebook
- Recent NACDL Letters and Member Testimony
- NACDL's Newest Affinity Partner: Push Legal
- Save Up to 26% on FedEx Office and FedEx Delivery Services
- DWI Means Defend With Ingenuity Seminar in Las Vegas - Register Today!
- Save $35 off your registration fee for NACDL’s Defending Sexual Assault & Child Abuse Cases Seminar in New Orleans!
- Save $100 off your registration fee for NACDL’s 8th Annual White Collar Conference “Defending the White Collar Case: In and out of Court"
- Join NACDL’s “The List” for exclusive access to live and self-study CLE savings!
- “K-9 Dogs & Drug Searches” DVD now available. Order today!
- NACDL's DVD release, "Making Sense of Science V" is now available – Order Today!
- Create Your Own DUI Curriculum!
LAST CHANCE TO PURCHASE TICKETS TO THE FCJ GIDEON GALA!
To commemorate the Golden Anniversary of Gideon v. Wainwright, the Foundation for Criminal Justice is hosting a gala celebration in conjunction with NACDL's 2012 Annual Meeting in San Francisco. TICKETS TO THIS EVENT MUST BE PURCHASED BY 8:00 PM ET ON MONDAY, JULY 23rd!
Join us as we mark this historic anniversary, honor the heroic work of defense lawyers, and reaffirm our commitment to seeing the noble idea of Gideon put into practice!
July 27, 2012
2 New Montgomery Street
San Francisco, CA
At the event, NACDL President Lisa Monet Wayne will present San Francisco criminal defense lawyer Vicki Young with this year’s Robert C. Heeney Award. The Heeney Award is given annually to the member who best exemplifies the goals and values of the Association and the legal profession. A Life Member of NACDL, Ms. Young served on the Association’s Board of Directors from 2003-09. She has chaired NACDL’s Nominating Committee, is a co-chair of NACDL’s Task Force on Restoration of Rights and Status After Conviction, and serves on the Association’s Task Force on Problem Solving Courts, traveling extensively around the country. She received NACDL’s President’s Commendations in 2003 and 2004.
Also at the event, NACDL will honor the architect of the “John Adams Project” - Anthony Romero, Executive Director of the ACLU – with the Champion of Justice award. Through the John Adams Project, detainees accused of capital crimes at Guantanamo Bay Cuba received appropriately qualified defense teams. The program will also feature remarks on the legal profession’s commitment to the right to counsel from special guest ABA President Bill Robinson.
All proceeds from this event will be used to fund NACDL projects designed to ensure that all those facing prosecution receive quality representation at every phase of a criminal case.
ORDER YOUR TICKETS NOW!
Unable to get to SF? You can still donate to the FCJ Gideon’s initiative and support NACDL’s Right to Counsel Projects. Donate HERE!
For more information about this event, please contact Malia Brink at email@example.com or go to www.nacdl.org/gideon.
NACDL and the Innocence Project to Participate in FBI Post-Conviction Review
On July 10, the Washington Post reported that “The Justice Department and the FBI have launched a review of thousands of criminal cases to determine whether any defendants were wrongly convicted or deserve a new trial because of flawed forensic evidence.” Specifically, “the investigation will include cases conducted by all FBI lab hair and fiber examiners since at least 1985.” It is reported to be the largest post-conviction review ever done by the FBI, and it will involve both NACDL and the Innocence Project.
In DISROBED: An Inside Look at the Life and Work of a Federal Trial Judge, Judge Frederic Block provides a rare and revealing look at the career, cases and wisdom of a federal court judge
On July 17, NACDLs’ NACDL Press and Thomson Reuters Westlaw announced the release of the first book of their joint publishing venture. Providing a view into the private world of a sitting judge on one of the nation’s most influential benches, and in one of the world's most famous cities, a new book by Judge Frederic Block gives a personal account of his experiences with controversial legal topics such as the death penalty, racketeering, terrorism, discrimination and foreign affairs. In DISROBED: An Inside Look at the Life and Work of a Federal Trial Judge (July 17, 2012; Thomson Reuters Westlaw and National Association of Criminal Defense Lawyers; $29.95), Judge Block illuminates this sometimes mysterious branch of government, sharing a behind-the-scenes look into his life and some of the trials of a federal court judge.
Appointed to the federal bench in 1994 by President Bill Clinton, Judge Block provides commentary throughout DISROBED on some of the most prominent and sensational cases that he has presided over during his nearly 20 years as a federal judge, including the Crown Heights Riots and the trials of mafia boss Peter Gotti and nightclub magnate Peter Gatien.
DISROBED takes you into the courtroom and chambers of a federal judge, offering a rare and real look at some of the least-talked-about aspects of the bench, including the difficulties of sentencing and the mental toll it takes knowing you have the power to drastically alter someone's life and liberty. The prevalence of death threats and the risks that judges and their families have to face to serve and uphold the justice system also is discussed.
Praise for DISROBED
- “Judge Block gives the reader an engaging, often humorous account of his life, as always, and a compelling introduction to the world of a federal judge whose decisions are subject to plenty of public scrutiny but whose decision-making process remains a mystery for most Americans.” – President Bill Clinton, founder of the William J. Clinton Foundation and 42nd president of the United States
- “A pleasure cruise, first class all the way, with a superb navigator. Judge Block tells a story the public needs to read and appreciate about its great justice system. And he tells it simply and compellingly as he lived it, with facts, figures and even more, with extraordinary humor and humanity.” – Judith S. Kaye, former chief judge of the state of New York
- “DISROBED is a lot like its author: honest, smart, interesting, provocative and deeply humane. It is not often we are permitted into the private world of the robed men and women who have the awesome responsibility of judging others.” – Ben Brafman, criminal defense attorney, New York
- “DISROBED is a fascinating look at the real world of federal judges – and a revealing story about how the law works, and doesn’t, in America.” – Jeffrey Toobin, author of The Oath: The Obama White House vs. the Supreme Court
The book is available for purchase here.
A link to NACDL’s July 16, 2012, podcast featuring Judge Frederic Block is available here.
To read more, please click here.
Does the Constitution Even Apply at Guantanamo? Defense teams file a sealed motion seeking a ruling.
“Does the Constitution govern Gitmo?”
That is a question raised by James Connell, death penalty counsel for accused 9-11 conspirator Amar al-Baluchi, and several other 9-11 defense counsel. The defense lawyers filed a motion on July 16 arguing that because the government is seeking to execute their clients, the commissions must provide them with due process of law and the full range of constitutional protections provided any death penalty defendant.
NACDL has maintained for over a decade that the full panoply of rights, including due process, the right to confront witnesses, the right to present a defense, and the right to effective assistance of counsel, must be a part of the commissions process.
The motion, AE057 Defense Motion to Recognize That the Constitution Governs the Military Commissions, is under seal pending a security review. But according to the defense statement, it argues that the framework the Supreme Court established in Boumediene v. Bush (2008) requires that constitutional protections, including the right to due process, govern the military commissions proceedings unless the prosecution can show that the protections of a particular right would be “impractical and anomalous.”
To read more, please click here.
Fla. Supreme Court Upholds State’s Controversial Drug Law -- But decision is at odds with state’s arguments in federal court case
By a 5-2 margin, in an opinion by Justice Charles T. Canady, the Florida Supreme Court’s majority agreed in the result that Florida’s strict liability felony drug law at section 893.13, as modified by section 893.101, is constitutional – but as a concurring justice pointed out, might not be constitutional as applied in a given case. This is the same law that was struck down as facially unconstitutional by a federal court in July 2011.
In the July 12 decision, available here, at least four out of the seven justices in the Adkins decision appear to agree that Florida’s felony drug law is facially constitutional in part because “[t]he statute does not eliminate the element of knowledge of the presence of the substance.” A concurring justice, however, says in a separate opinion the law “continues to require the State to prove that a defendant had knowledge of the presence of the controlled substance as an element of drug-related offenses[.]” Justice Barbara J. Pariente wrote, “[I]t would be difficult to uphold the Act, which codifies felony offenses with substantial penalties, against a constitutional attack when mounted by a person who possessed a controlled substance unwittingly or without knowledge of its illicit nature.”
NACDL President Lisa M. Wayne said, “The country has been drifting away from the moral anchor of a clearly defined mens rea requirement in its criminal laws. Laws like these would run it aground. Today’s decision is disappointing and at odds with how the law is actually being applied by the state in cases like Shelton’s. We now wait for the decision of the Eleventh Circuit Court of Appeals in Shelton.”
NACDL’s joint amicus brief in Adkins is available here. The American Civil Liberties Union of Florida, the Drug Policy Alliance, the Cato Institute, the Reason Foundation, the Libertarian Law Counsel and 25 law professors also joined NACDL’s brief.
To read more, please click here.
NACDL Seeks Project Attorney
NACDL is currently accepting applications for a one-year Project Attorney. The Project Attorney is a one-year grant funded position that will assist NACDL’s Resource Counsel in developing and administering support services for criminal practitioners in a variety of practice settings throughout the United States, with an emphasis on post-conviction innocence claims. For more information and instructions on how to apply, visit http://www.nacdl.org/about/employment/projectattorney/.
Review a Book for The Champion Magazine
Do you want to review a book for The Champion? Here is the list of available books. Send your request to firstname.lastname@example.org. First come, first served. The reviews are due on November 1, 2012.
1. Warren K. Urbom, CALLED TO JUSTICE (Wounded Knee was only one set of monumental cases U.S. District Judge Urbom presided over during his years on the bench. This is his memoir.)
2. Carolyn Long, MAPP v. OHIO (Although she came to be known as merely “that girl with the dirty books,” Dollree Mapp was a woman who defied a police force by challenging the legality of its search-and-seizure methods. Her case went to the U.S. Supreme Court.)
3. Earl Maltz, FUGITIVE SLAVE ON TRIAL (Centers on the 1850s trial of Anthony Burns, whose status as slave or freedman was in great dispute, and the vehement backlash against trial judge Edward Loring, who was forced to leave the bench)
4. Jose Baez, PRESUMED GUILTY: CASEY ANTHONY – THE INSIDE STORY (Defense attorney Jose Baez shares his experiences regarding his representation of Casey Anthony)
5. Jack Cline, YARDBIRD USA (A dozen true crime cases with unjust outcomes, pointing to the fact that politicians have made a mess of the criminal justice system)
6. Raymond Bonner, ANATOMY OF INJUSTICE (The story of a mishandled murder case - misplaced and contaminated evidence - that put 23-year-old Edward Lee Elmore on death row)
Federal Policy Update
Crime Lab and Forensic Disciplines Reform
NACDL has continued to pursue the vital forensic science reforms recommended in the 2009 National Academy of Science (NAS) report and NACDL’s “Principles and Recommendations to Strengthen Forensic Evidence and Its Presentation in the Courtroom”. Currently pending in the Senate are two pieces of legislation that take different approaches to the NAS report, each with particular strengths and shortcomings. Neither bill would fully implement the NAS report’s recommendations. Senator Patrick Leahy (D-VT), Chairman of the Judiciary Committee, has introduced Criminal Justice and Forensic Science Reform Act (S. 132). While this legislation would put in place certain structures to advance a culture of science within the forensic science community, it would create an Office of Forensic Science (OFC) within DoJ instead of a completely independent National Institute of Forensic Science as proposed by NAS. Senator Nelson Rockefeller (D-WV), Chairman of the Senate Science Committee, has introduced the Forensic Science and Standards Act of 2012 (S. 3378). This legislation focuses on coordinating and funding the research necessary to determine the validity of forensic disciplines and establish standards but does not address lab accreditation and practitioner certification. (Rep. Eddie Bernice Johnson (D-TX) introduced a House companion, H.R. 6106, to the Rockefeller bill.) Both Senate bills appear to be moving towards committee consideration before the end of the year.
SAVE The DATE-NACDL’s next National Advocacy Call on Developing Legislation is scheduled for Wednesday September 12, 2013 from 12:00 pm-1:00 pm EDT
Please Join NACDL, for a discussion on prison-based gerrymandering featuring Peter Wagner of the Prison Policy Initiative and Maryland Delegate Joseline Peña-Melnyk who sponsored the “No Representation Without Population Act” that passed the Maryland legislature in January 2010 and was subsequently signed by Governor Martin O’Malley on April 13, 2010. For more information click here.
Message from Professors Steven Drizin and Richard Leo on False Confessions Study
Professors Steven Drizin and Richard Leo are gathering data for a follow-up study on false confessions. They are seeking new false confession cases as part of this project. See the message below.
July 10, 2012
In 2004, Dr. Richard A. Leo and I published an article entitled the Problem of False Confessions in the Post-DNA Age in the North Carolina Law Review. In that article, we documented and analyzed 125 proven false confessions. At the time, it was the largest data set of proven false confessions ever assembled and the only one to contain confessions that were proven false before trial and after trial. Our definition of a proven false confession was conservative and included only four ways a confession could be proven false: 1) physical impossibility (e.g., suspect confesses to committing a crime at a time when he is locked up in prison or in another location); 2) scientific evidence (usually DNA, but also other forensic testing) exonerates the suspect; 3) no crime occurred (e.g. confessing to a murder where the victim turns up alive); 4) true perpetrator identified (reliable evidence proves the identity of the actual perpetrator and there is no connection between him and the confessor). We chose a conservative definition to avoid the lengthy back and forth that has occurred in the past when academics quarreled amongst themselves or with law enforcement over the guilt of defendants whose confessions were listed as either “highly probable” or “probable” false confessions. Although such cases would have added to our numbers, we rejected them from our dataset.
We are writing you because we are writing a follow-up to the 2004 study. Already, we have collected more than 125 proven false confessions but expect our data set is going to be even larger. As in our past study, we often rely on newspaper accounts to inform us first about a possible false confession and then follow-up with lawyers, reporters, and others to build case files that enable us to prove that the confession was false. We know that these confessions are only the tip of a much larger iceberg. There are no doubt many false confession cases that do not capture the media’s attention, or are described in newspapers that are not subject to on-line and other electronic searches, or occur in juvenile courts where confidentiality still rules. Still others occur in cases where the prosecution screens out the case before charging or police determine the confession is false shortly after arrest (we want to highlight those cases where law enforcement officers do good work in continuing to investigate after a confession). Most documented false confessions have occurred in murder cases, partly due to the fact that reporters tend to cover murder cases more than other crimes. For this reason, we are especially interested in cases involving non-homicides.
Because many of you have no doubt been involved in or asked to evaluate cases of disputed confessions or even proven false confessions, we are contacting you to see if you know of any cases that fit the definition of a proven false confession described above and which would have surfaced since our article was published in March 2004. We have already reviewed the DNA exonerations from the Innocence Project website and any additional exonerations involving false confessions from the dataset of Rob Warden and Sam Gross. If you know of any other such cases, please contact Dr. Leo at email@example.com or me at firstname.lastname@example.org so that we can talk further about the case and determine whether to include it in our study.
Thank you for your anticipated cooperation in this matter.
Prof. Steven A. Drizin
Northwestern University School of Law
Prof. Richard A. Leo
University of San Francisco School of Law
Click here for SSRN webpage
Stay Up-To-Date on NACDL News & Issues
The focus of this listserve is DWI / DUI issues. Click here to learn how to subscribe and to review the listserv policies and guidelines.
The focus of this listserve is eyewitness identification. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.
Forensic Evidence Listserve
The focus of this listserve is issues surrounding forensics. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.
The Young & New Lawyers Listserve
For criminal defense lawyers who are new to the profession, or just starting out in private practice. Generally, lawyers under 40 years of age, or in their first five years of practice. We also encourage you to participate if you are getting your start in private practice after spending time clerking, working as a DA or PD, or are leaving a firm to start your own practice. More experienced lawyers who have a gift and dedication to mentoring are encouraged to participate and offer advice and share their experience with younger colleagues. It's a place for attorneys getting their start - in whatever way - to get to know each other and to learn from more experienced colleagues. It is a forum where you can ask questions about all those things you need to know that they don't teach in law school. Click here to learn how to subscribe and to review the listserv policies and guidelines.
The NACDL Listserve helps facil related matters. Subscription is free and limited to active NACDL members. Click here to learn how to subscribe and to review the listserv policies and guidelines. So far, more than 700 members have joined.
Group Admission to the Bar of the U.S. Supreme Court
NACDL is sponsoring a unique opportunity for up to 12 members to participate in a group admission ceremony to the Bar of the U.S. Supreme Court in Washington, DC. The opportunity will be available to the first 12 qualified members on a first-come, first-served basis and will take place on the morning of January 7, 2013. Members will be responsible for their own travel arrangements, must be in good standing of a state bar for a minimum of three years, and must submit their completed application materials to NACDL by November 9, 2012.
Interested members should contact Obaid Khan, NACDL's National Affairs Assistant, at (202) 465-7638 or email@example.com for further instructions.
Grassroots Advocacy Mini-Survey
For NACDL to effectively impact public policy at the federal and state levels, membership is often asked to become engaged in the legislative process. That member involvement can prove key to an instrumental victory, and the lack thereof can doom a piece of legislation teetering on the edge of passage and irrelevance. In order to provide a pleasant and effective grassroots advocacy experience, NACDL is conducting an ultra-brief survey to gauge the current involvement level of our membership. Please take a minute to answer 9 brief questions regarding your current involvement level, past advocacy efforts, and your willingness to participate in the future. All survey results are, and will remain, anonymous. The survey can be accessed here.
Grassroots Advocacy: Members in DE, MD, NJ, PA, VA, WV, Click Here!
NACDL is rolling out a new member engagement program in the states of Delaware, Maryland, New Jersey, Pennsylvania, Virginia, and West Virginia. The goal of the program, known as NACDL’s Member Legislative Engagement & Advocacy Development Program, or Member LEAD* Program for short, is to encourage and actively assist in the building and maintaining of relationships between NACDL members and their respective elected officials.
If you live in one of the targeted states and wish to develop a productive and viable relationship with your legislators, please contact NACDL’s Manager for Grassroots Advocacy for more details be emailing him at firstname.lastname@example.org.
Wrongful Conviction and Post-Conviction Relief Survey
Numerous inquiries have identified factors that contribute to wrongful convictions, including false confessions, eyewitness misidentification, and reliance on improperly analyzed evidence. However, the contributions of other factors, such as race and region, may not be as obvious. The purpose of this survey is to examine the interplay between race, region, and trial dynamics to determine the extent to which these factors contribute to wrongful convictions and their influence on access to post-conviction relief. The survey can be accessed by clicking here.
Important Research Study
How do attorneys evaluate the credibility of expert witnesses in criminal cases? This is a critical question because expert testimony often plays an important role in determining the outcome of criminal cases.
NACDL and researchers at the University of North Dakota and Sam Houston State University are requesting your help with a survey to determine how attorneys make this assessment.
Your answers to the survey are completely confidential, and the survey only takes about 15 minutes to complete. The link for the survey can be found below.
Please go to the survey by clicking here.
Thank you very much for your help with the survey!
“The Criminal Docket” Weekly Podcast
On March 16, 2012, NACDL launched its new weekly podcast series, “The Criminal Docket,” hosted by Ivan J. Dominguez, NACDL’s deputy director of public affairs & communications. Each week, “The Criminal Docket” provides a rundown of the highlights in criminal justice news from the prior week, and previews what’s coming up on the criminal docket in state and federal agencies, legislatures and the courts. In addition, every episode explores important items on the criminal justice agenda, in-depth, with top leaders in the legal practice, public policy, journalism, academia, and others whose lives intersect with the criminal justice system.
In the most recent episode, Judge Frederic Block of the U.S. District Court for the Eastern District of New York spoke with Ivan about his new book released jointly by NACDL Press and Thomson Reuters Westlaw on Tuesday, July 17. The full title of the book is Disrobed: An Inside Look at the Life and Work of a Federal Trial Judge.
Please look for a new episode of “The Criminal Docket” each week, as well as all past episodes, available free of charge at either www.nacdl.org/thecriminaldocket or in Apple’s iTunes Store.
The NACDL Edge is now available for the Android
The National Association of Criminal Defense Lawyers has launched its official mobile app the NACDL Edge. With this app, "Liberty's Last Champion"™ keeps you on the leading edge of criminal defense news of interest and continuing legal education (CLE) opportunities. NACDL members can also search our Member-to-Member Directory, read the latest issue of The Champion, and access our Experts Database.
NACDL's Daily Criminal Justice Briefing
NACDL now offers a terrific and free member benefit from NACDL's Public Affairs and Communications Office: NACDL's Daily Criminal Justice Briefing. Each morning, Briefing Editors Jack King and Ivan Dominguez collect and compile news items of particular interest to the criminal defense bar from around the world and provide links and summaries in a daily email update. In addition, subscribers receive breaking news stories and links to Supreme Court decisions as they happen. The goal is to provide the resources necessary to ensure that the criminal defense bar is informed and current on a wide range of criminal justice news, legal developments, analysis, and commentary.
So far, nearly 1,200 NACDL members have subscribed to the Daily Criminal Justice Briefing. If you would like to join them, simply click here.
JUST ONE: One word. One call. Just one referral.
You can make a difference in the career of a criminal defense lawyer. Take a moment to refer another lawyer to America’s best-connected and most knowledgeable criminal defense bar association. After all, most NACDL members were introduced by a colleague…now it’s your turn to pass it on! Make your one referral today!
Special Introductory Offer: New members you refer get 3 extra months of full member benefits FREE! That’s 15 MONTHS OF NACDL MEMBERSHIP for the price of 12!
(Open to new members only)
How you benefit: For every new member you recruit, you will receive a $25 discount off your next year's dues – up to a total of $125 – and earn a chance to win an Amazon Kindle Fire.
Visit: www.nacdl.org/getamember you'll find talking points on the value of membership, sample tweets and Facebook updates, and a specially coded membership application that will give your friend 3 months of NACDL member benefits FREE.
You can make a difference. One word. One call. That's all it takes.
Contribute to the NACDL Brief & Motion Bank today!
One of the great benefits you get as a member of NACDL is the Brief & Motion Bank, containing almost 400 documents across over 50 topics. We hope you will also help to strengthen it for the benefit of other members. Do you have a unique or exceptional brief or motion? Maybe one that involved an in-depth discussion of the case law, had an especially creative argument, or addressed an unusual situation? Just as using the NACDL Brief & Motion Bank saves you time, so you don’t have to start from scratch when you are already pressed for time, documents you donate to the bank will help your fellow NACDL members in the same way.
We encourage submissions on any topic. Please take a look at what's there, and think about what documents you've written that would enhance the value of the Brief & Motion Bank for other NACDL members. If you would like more information or to contribute to the Brief & Motion Bank, please contact NACDL's Resource Counsel Vanessa Antoun at email@example.com.
Where in the World is NACDL?
From June 7-9, Education Assistant Doug Reale attended the Florida Association of Criminal Defense Lawyers (FACDL) Annual Meeting in Naples, FL.
On June 11, 2012, NACDL Executive Director Norman L. Reimer moderated, and NACDL Deputy Director of Public Affairs & Communications Ivan J. Dominguez staffed, a Foundation for Criminal Justice panel discussion at the New York Athletic Club -- “Prosecutorial Misconduct, Legal Ethics and Fair Dealing: Does the Criminal Justice System Need Reform?” Panelists included Harvey Silverglate, Rob Cary, Gerald Goldstein, Gerald Lefcourt, and Nelson Happy.
On June 27, Director White Collar Crime Project Shana-Tara Regon gave the keynote address at the American Conference Institute’s two-day 15th Annual FCPA Boot Camp held in Chicago, IL. Regon spoke on the issue of American business interests under the FCPA and the need for legislative intervention to protect companies acting in good faith.
Recent Amicus Curiae Briefs Posted on NACDL Website
Florida v. Jardines , U.S. Sup. Ct., No. 11-564, decision below 73 So.3d 34 (Fla. 2011), brief filed 7/9/12. Search and Seizure—Dog Sniffs—Private Residence. Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers in support of the respondent. Argument: Acting on a tip, police conducted a warrantless “canine sniff” with a drug detection dog of the front door of the defendant’s residence and obtained a search warrant based on the dog’s alert. Marijuana was found growing in the defendant’s home. The Florida Supreme Court held that the “sniff test” was itself a search requiring probable cause. Amici argue that persons have a heightened expectation of privacy in their homes and that dog sniffs are highly intrusive, since the sniff can reveal much more than the mere presence or absence of contraband and is a search within the meaning of the Fourth Amendment. Absent exigent circumstances, such a suspicionless search of a home is inherently unreasonable. Further, allowing suspicionless dog sniffs of houses would permit indiscriminate sweeps of residential neighborhoods, a practice some law enforcement officials have already begun to employ. Authors: Danielle Spinelli, et al., Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC; Jonathan D. Hacker, O’Melveny & Myers LLP, Washington, DC; Norman L. Reimer and Mason C. Clutter, NACDL, Washington, DC.
NACDL on Twitter
NACDL has an official Twitter account, @NACDL, and now has 1,757 followers. Getting set up on Twitter is easy and free, just visit http://twitter.com/ and click "Get Started -- Join." You can even watch an instructional video by clicking the "Watch a Video" button on the top right of the welcome screen before you join. Once you have set up your account, click "Find People" on the top right hand side of the screen and search for "NACDL" (no quotation marks necessary). Then, you just need to click the "Follow" button. Thereafter, everything we post to Twitter will come through on your Home page feed, like a news wire service. You can also check out NACDL's Tweet by simply clicking http://twitter.com/NACDL.
It is suggested that you familiarize yourself with the "terms" of use to which you can link from the bottom of the screen on Twitter. Also, please note that the fact of your following NACDL on Twitter, as well as your posts, are generally visible to the public. Information about blocking people from following you, as well as all other information concerning privacy and usage issues, is available on the Twitter site.
Please send any thoughts or recommendations about NACDL's Twitter presence to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at firstname.lastname@example.org.
NACDL on Facebook
NACDL is on Facebook. Recently, Facebook changed the way member groups operate, so to keep up with all of NACDL's updates, please be sure to "like" the NACDL Public Page (http://www.facebook.com/NACDL), which now counts 2,208 fans following NACDL's work. Through this initiative, selected NACDL content such as press releases, CLE information and materials, information on becoming a member, and similar publicly-available NACDL content, is being distributed through Facebook.
You should be aware that, to some degree, Facebook permits you to control what information others see about you on Facebook, just go to "account" on the top right and within that "privacy settings" as you set up or adjust your account settings. Please be aware that, if you join, you will be listed on Facebook as a member of this group and your profile will be accessible in accordance with your settings and Facebook's policies. So be sure to fully acquaint yourself with Facebook's terms of service and privacy representations as you carefully consider whether to join and, if you do, what information you post, exchange, or message through this platform.
You can use this link to get directly to NACDL's Public Page. And if you are not on Facebook, signing up is free and easy at www.facebook.com. Please send your thoughts or recommendations about NACDL's presence on Facebook to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at email@example.com.
Recent NACDL Letters and Member Testimony
June 18, 2012, NACDL Letter to Senator Dick Durbin on “Reassessing Solitary Confinement: The Human Rights, Fiscal and Public Safety Consequences”
June 15, 2012, Coalition Sign-On Letter Re Leaks of Highly Classified Information
June 11, 2012, Coalition Sign-On Letter Re Sunset of FISA Amendments Act of 2008
June 5, 2012, Coalition Letter on “Ensuring that Federal Prosecutors Meet Discovery Obligations”
May 3, 2012, NACDL and NAFD Advocacy Letter on H.R. 4970, the “Violence Against Women Reauthorization Act of 2012”
April 23, 2012, NACDL Advocacy Letter Endorsing 6 Principles for Cybersecurity Legislation
NACDL's Newest Affinity Partner: Push Legal
NACDL members receive 20% off this mobile and desktop app. PUSH:legal provides a mobile law library right on your smart phone, tablet, or desktop computer. Access searchable statutes and rules - with annotated case law - quickly and easily. Click here to learn more.
Save Up to 26% on FedEx Office and FedEx Delivery Services
NACDL members can already save up to 26% on select FedEx® shipping services. Now you're entitled to save up to 20% on select FedEx OfficeSM copy and print services and 10% off other select services at more than 1,800 FedEx Office locations. It's now even easier for you to save time and money with FedEx. Sign-up is free, and there are no shipping, copy or print minimums. For more information or to enroll in this program, please click here and enter pass code 984K22 or call 1-800-MEMBERS, your dedicated shipping program administrator at 1.800.636.2377 (8 a.m.–6 p.m. EST, M-F).
*FedEx shipping discounts are off standard list rates and cannot be combined with other offers or discounts. Shipping discounts are exclusive of any FedEx surcharges, premiums or special handling fees and are not available to package consolidators. Eligibility for discounts subject to FedEx credit approval. Eligible services subject to change. Base discounts on FedEx Express® are 15%-21%. An additional 5% discount is available for eligible FedEx Express shipments when you ship online at fedex.com. Discounts are subject to change.
DWI Means Defend With Ingenuity Seminar in Las Vegas - Register Today!
Register today for NACDL & NCDD's 16th Annual DWI Means Defend With Ingenuity® Seminar "Getting the 'Not Guilty' Vote" being held at Caesars Palace Hotel & Casino, October 18-20, 2012.
Join us for the biggest gathering of DUI Defense Lawyers in the country, featuring the most current content, presented by an unmatched faculty; it is indeed the most appealing choice this election season! If you've experienced other local DUI seminar options and found yourself left wanting, perhaps now is the time to consider a new candidate!
This year's program-which is headlined by F. Lee Bailey, Bubba Head, and Troy McKinney - consists of one day of general session presentations, a second day of split tracks allowing you to select your area of focus, and a third with your choice of multiple workshops for small group, intense, and focused learning in the areas you need the most help.
Save $35 off your registration fee for NACDL’s Defending Sexual Assault & Child Abuse Cases Seminar in New Orleans!
Register by June 29, 2012 and receive $35 off the full seminar registration fee for NACDL's 2012 Fall Seminar “Anything But ‘The Big Easy’: Defending Sexual Assault & Child Abuse Cases” being held at the Astor Crowne Plaza Hotel, New Orleans, LA, October 24 - 27, 2012.
This program will provide you with the best strategies for defending those accused of sex crimes or child abuse, shed light on modern science to effectively dispute the prosecution’s claims of wrongdoing, and minimize the influence and impact of the media on your client’s chances of an acquittal. Give your client and yourself a fighting chance of success in the most difficult of cases – join us in New Orleans.
Save $100 off your registration fee for NACDL’s 8th Annual White Collar Conference “Defending the White Collar Case: In and out of Court"
Register for NACDL & Fordham Law School’s 8th Annual White Collar Conference “Defending the White Collar Case” before July 31st and save $100 off your registration fee!
Join us in New York, November 15-16, 2012, for the nation’s premiere White Collar CLE program produced in partnership by NACDL and the Louis Stein Center for Law and Ethics, Fordham University Law School. Whether you are an experienced white collar veteran, or someone interested in getting into white collar defense, you do not want to miss this seminar!
Join NACDL’s “The List” for exclusive access to live and self-study CLE savings!
NACDL is now offering EXCLUSIVE discounts of up to75% off on live and self-study CLE when you subscribe to “THE LIST”! Sign-up for THE LIST now and take advantage of these huge discounts on the CLE you need at the best possible rates!
How does it work?
- Simply Click Here to sign up for THE LIST
- You will immediately receive an e-mail confirming you are now a member of THE LIST
- You will receive up to (3) e-mails a month with special savings on live and self-study CLE
- Access. Shop. Save – it’s that easy!
At any point, you can opt-out from THE LIST e-mails through your online member profile.
So what are you waiting for? Sign-up today and get on THE LIST for your access to huge savings, exclusive discounts, and more!
“K-9 Dogs & Drug Searches” DVD now available. Order today!
Order your copy of NACDL’s new DVD “K-9 Dogs & Drug Searches” today! Florida criminal defense practitioner Jeffrey Weiner offers a high-energy, in-depth, and inspirational presentation in this 1.5 hour program. He addresses the history of K-9 use, current case-law, and provides a LIVE drug dog demonstration assisted by police K-9 trainer Andy Falco. In this demonstration, you will see a drug dog in action, learn how they are trained, how they are meant to be used, and how they can be manipulated or led to alert when used incorrectly.
Regular Price DVD: $125
Up to 1.5 General Self-Study CLE Credits available where applicable. Additional CLE fees may apply.
NACDL's DVD release, "Making Sense of Science V" is now available – Order Today!
Order your copy of NACDL’s latest Forensics DVD “Making Sense of ScienceV” today. In today’s world, knowledge of the forensic sciences is essential to the success of your defense. Get the information you need with this comprehensive 14-hour DVD, and gain a better understanding of forensic sciences so you can effectively represent your clients!
- The Amanda Knox Case: What Role Did DNA Transfer and Contamination Issues Play? - Prof. Bruce Budowle & Ted Simon
- Fighting the Prosecution's "Fantasy of Forensics" - Jose Baez
- The Role of the Forensic Pathologist in the Criminal Justice System - Dr. Cyril H. Wecht, M.D., J.D.
- Forensic Evidence in Sexual Assault Cases - Colette Tvedt & Lisa Wayne
- DNA: From Basics to Advanced - Bicka Barlow, Simon Ford & Jennifer Friedman
- And many More!
Regular Price DVD: $375
Regular Price Audio: $200
Act Now – get the forensics information you need before your next trial! Order today!
Up to 14 general hours of self-study CLE available where applicable. Additional CLE fees may apply.
Create Your Own DUI Curriculum!
Get up-to-date with the necessary DUI skills to effectively defend your clients without breaking the bank! Now you have the opportunity to create your owncustom self-study DVD or Audio-CD package by choosing individual sessions from the past (4) NACDL DUI Seminars - over 42 different topics! This is the perfect opportunity to gain access to a wealth of DUI information tailored by you for your own particular needs!
Pick the sessions that interest you most and take advantage of special pricing based on quantity! Every package comes with the written materials for each session.
Click here to order today!
Questions, comments or news items?
E-mail or call Director of Public Affairs & Communications Jack King at (202) 465-7628 or E-mail or call Deputy Director of Public Affairs & Communications Ivan Dominguez at (202) 465-7662.
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