Daily Criminal Justice Briefing

Below is a sample of the Daily Criminal Justice Briefing, which is available exclusively to members of NACDL. The briefing comprises each day's most important stories affecting the criminal defense profession from major new sources and journals, and is delivered each day to your inbox.

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Daily Criminal Justice Briefing
NACDL Social Media

 Thursday, May 29, 2014  

NACDL News Release

Nation’s Criminal Defense Bar Releases Major Report on the Consequences of Arrest and Conviction Affecting At Least 65 Million People in America; Focus is Roadmap to the Restoration of Rights and Status
("At an event this morning at the Open Society Foundations in Washington, DC, the National Association of Criminal Defense Lawyers (NACDL) is releasing a major new report -- Collateral Damage: America’s Failure to Forgive or Forget in the War on Crime – A Roadmap to Restore Rights and Status After Arrest or Conviction. With more than 65 million people in America having some form of a criminal record, the universality and import of the problem this nonpartisan report tackles is tremendous.")


Criminal Records Keep Creating Obstacles Long After Incarceration ("A new report from the National Association of Criminal Defense Lawyers is shedding light on some unexpected consequences of being convicted of a crime — everything from troubles with employment to bans in public housing. The group says it's time to start thinking about forgiveness.")

New York Daily News

Captives outside prison walls: We keep punishing offenders even after they've done their time ("Unfortunately, outside houses of worship, such a welcome home is the exception and not the rule, according to a damning report being released in Washington on Thursday by the National Association of Criminal Defense Lawyers. The 100-page study — 'Collateral Damage: America’s Failure to Forgive or Forget in the War on Crime' — is a passionate plea to end the nation’s habit of heaping new, permanent punishments, many of them hidden and illogical, on people who have already served time.")

Washington Post

It’s time to talk about redemption
("The National Association of Criminal Defense Lawyers is sounding the alarm about the devastating collateral effects of incarceration....As encouraging as the pan-ideological move toward criminal justice reform has been, it also is a recognition that we’ve been enforcing bad policies. Changing those policies going forward, difficult as that has been, is only half the battle. The other half is mending the damage those policies have done, at least to the extent that it’s mendable. So NACDL is pushing for a pretty dramatic shift in how we think about crime, criminals and criminal records.")

Sentencing Law and Policy Blog

"Collateral Damage: America’s Failure to Forgive or Forget in the War on Crime"
("The title of this post is the title of this important new report released this morning by the National Association of Criminal Defense Lawyers. The genesis of the report and its essential elements are well summarized via the text of an e-mail I received from NACDL about this report.")

The Crime Report

After Crime, A Lifetime of Consequences Impossible to Flee ("Sixty-five million people in the United States have a criminal record, and the consequences of their actions--no matter how small or far in the past--follow them for life with little relief, says the NACDL, the National Association of Criminal Defense Lawyers, which details the restrictions in a new report.")

Law.com/New York Law Journal
(registration/subscription required for Law.com/ALM)

Former Dewey Officer Challenges Trustee's Suit ("Dennis D'Alessandro, Dewey & LeBoeuf's former chief operating officer, is challenging a trustee who is seeking about $9.3 million that Dewey paid to D'Alessandro before the law firm collapsed.")

Courts Offer Olive Branch on Pro Bono Rule ("Several state court administrators at a forum Tuesday indicated their willingness to compromise on parts of a mandatory pro bono disclosure rule, surprising a cohort of the bar who has protested the rule for the past year.")

Lawmakers Scramble to Revive Provision ("State legislators and prosecutors are rushing to restore part of the state's criminal harassment statute that was frequently used in domestic violence cases before the Court of Appeals declared it unconstitutional this month.")

Circuit Orders New Trial After Finding 'Impropriety' ("The panel found "evidentiary errors and prosecutorial misconduct infected every stage" of the first trial for an asbestos abatement company and two of its principals. ")

Second Judge Gives Inmate High-Risk Offender Status ("A convicted sex offender whom the Attorney General's Office initially suggested was wrongly convicted has been designated a high-risk, sexually violent offender by a judge in Queens.")

Law.com/New Jersey Law Journal

Written Waivers for Bench Trials Now Required in Criminal Cases ("The New Jersey Supreme Court on Wednesday ruled that before a defendant in a criminal case can choose to have a judge act as the fact finder, he or she must sign a waiver acknowledging the rights that are being surrendered. ")

Law.com/The Legal Intelligencer

En Banc Panel of Third Circuit Eyes Warrantless GPS Tracking ("Evidence police collected from a GPS device they attached to a suspect's vehicle without a warrant should be admissable because the officers relied in good faith on legal precedent at the time, the U.S. Attorney's Office argued in front of an en banc panel of the Third Circuit on Wednesday. ")

Defense Lawyer Calls Late Traffic Court Evidence an 'Ambush' ("Witness examination restarted in the Philadelphia Traffic Court trial Wednesday after defense attorneys objected to the prosecution's introduction of last-minute traffic ticket evidence. ")

Law.com/Daily Report

Ga. Supreme Court Dumps Precedent on Speedy Trials ("Overruling lower court case law that made it harder for defendants to win a speedy trial argument, the Georgia Supreme Court has handed at least a temporary victory to a man who said Fulton County prosecutors didn't try him fast enough on his driving under the influence charges. ")

Blog of Legal Times

Supreme Court’s Use of ‘Intellectual Disability’ Wins Praise
("Advocates for those with intellectual disabilities are applauding the U.S. Supreme Court for abandoning the term "mental retardation," seemingly forever, in its decision in Hall v. Florida issued Tuesday.")

Sentencing Law and Policy Blog

Paul Ryan joins chorus of GOP young guns supporting sentencing reform and Smarter Sentencing Act ("Tucked within this interesting Daily Beast discussion of (former VP candidate) Representative Paul Ryan's war on poverty tour is the revelation that Ryan is now the latest prominent GOP official to support reform of federal mandatory minimum sentencing laws.")

New York Times

With Distancing, and a Zeal for Fair Trials, a Lawyer Defends Terrorism Suspects ("Mr. Dratel, a criminal defense lawyer, was in a position to know better than most. He has represented clients accused of terrorism in about 30 cases, including Bin Laden’s personal secretary, Wadih El-Hage, who was convicted of conspiring to commit acts of terrorism that included the bombings in 1998 that killed 224 people at two American Embassies in Kenya and Tanzania. Mr. Dratel knew through his client’s documents that Al Qaeda had discussed airliner attacks....He would go on to become the first civilian lawyer at Guantánamo Bay...'Do I agree with all my clients? No,' Mr. Dratel said recently. 'But I don’t think their beliefs should be used against them as an evidence for a crime they did not commit.'")
I.Q. Cutoff Ruling May Spare Some Inmates on Death Row ("A Supreme Court ruling on Tuesday throwing out Florida’s strict I.Q. cutoff in death penalty cases could increase the number of inmates exempt from execution because they are deemed mentally disabled, legal experts said Wednesday.")

Severe Report Finds V.A. Hid Waiting Lists
("The report said that as hundreds of veterans were put at risk, a hospital in Phoenix falsely reported waiting times that suggested delays were minimal.")

After Attack Near Campus, California Weighs Gun Bill
("Just days after a 22-year-old killed six college students and himself near the campus of the University of California, Santa Barbara, state lawmakers are championing legislation that would permit law enforcement officials and private individuals to seek a restraining order from a judge that would keep people with a potential propensity for violence from buying or owning a gun. The process would be similar to the one currently used for restraining orders in cases of domestic violence.")

Mayor of Chicago Seeks to Further Tighten Gun Laws
  ("Under the proposal, all gun sales would be videotaped, an effort to deter buyers from using false identification. Gun buyers could make only one purchase each month, and gun shops would not be allowed within 500 feet of schools or parks.")

U.S. Seeks to Censor More of Memo That Approved Drone Strike on American
("One week after the Obama administration said it would comply with a federal appeals court ruling ordering it to make public portions of a Justice Department memo that signed off on the targeted killing of a United States citizen, the administration is now asking the court for permission to censor additional passages of the document.")

Snowden Says He Was a Spy, Not Just an N.S.A. Analyst
("Edward J. Snowden said that he still considered himself to be an American patriot even after leaking thousands of classified documents, and that he was frustrated to be 'stuck in a place' — Russia — that did so little to protect individual rights when he was trying to help protect American freedoms.")

North Carolina: 14 Protesters Arrested After Sit-In at House Speaker’s Office
("Fourteen protesters were arrested Wednesday morning on charges of trespassing after staging a 10-hour sit-in at the office of one of the leaders of North Carolina’s Republican majority.")

I.Q. Cutoff Ruling May Spare Some Inmates on Death Row
("A Supreme Court ruling on Tuesday throwing out Florida’s strict I.Q. cutoff in death penalty cases could increase the number of inmates exempt from execution because they are deemed mentally disabled, legal experts said Wednesday.")

Florida Court Overturns Murder Conviction of F.B.I. Agent
("A Florida appeals court on Wednesday vacated the murder conviction of a former F.B.I. agent who acted as handler and protector of James (Whitey) Bulger, a notorious Boston gangster.")

U.S. Alleged to Join in Plot in Venezuela
("In the latest in a series of theatrical accusations, the government here on Wednesday charged that the United States ambassador to Colombia was involved in a plot to kill President Nicolás Maduro of Venezuela, but it offered no convincing proof.")

Suicide Bomber in Syria Was U.S. Citizen, Officials Say
("A United States citizen working in Syria with a militant group backed by Al Qaeda conducted a suicide bombing there Sunday, in what is believed to be the first time an American has been involved in such an attack, American officials said Wednesday.")

Syria to Miss Deadline On Weapons, Official Says
("The United Nations secretary general has for the first time acknowledged that the eradication of Syria’s chemical arms stockpile will not be completed by June 30, the deadline imposed by a diplomatic agreement last September in which President Bashar al-Assad renounced the weapons and avoided a threatened American military strike.")

Supporters Seek Boost in Aid for Program That Helps Those Facing Deportation
("The program, the first of its kind in the nation, was created in response to what immigrants’ advocates said was a profound dearth of qualified representation. Unlike in the nation’s criminal courts, defendants in immigration court have no constitutional right to a court-appointed lawyer. Many appear without representation and with little ability to fight deportation on their own. Others have lawyers who are unqualified and who do more harm than good.")

DealBook: Former SAC Trader Martoma Seeks Lenient Sentence
("Mathew Martoma, the former SAC Capital Advisors trader convicted of insider trading in February, does not think he should get more jail time than the 11 years in prison that Raj Rajaratnam, the co-founder of the Galleon hedge fund, is serving for insider trading.")

DealBook: Former Top JPMorgan Banker in Britain Loses Appeal in Insider Case
("A former top banker at JPMorgan Chase has lost his appeal of a ruling by British regulators two years ago that he improperly disclosed inside information.")

Washington Post

Sergeant accused of sex assaults on women
(" An Army staff sergeant is accused of sexually assaulting several female soldiers since 2011, including at least one while he was deployed to Afghanistan and others more recently while he served as a drill sergeant, according to military officials and court documents.")

Most states comply with law to reduce prison sex assaults
(" The majority of U.S. states and territories are taking steps to reduce sexual assaults in prisons as required by federal law, according to Justice Department officials.")


Why Your Right To A Public Defender May Come With A Fee ("Reporter Samantha Sunne has been exploring the financing of public defenders around the country, and she found that the reliance on fees stems from chronic under funding that leads to burdensome caseloads and sometimes a scarcity of attorneys for defendants who need one.")

Associated Press

Judge orders temporary halt to Ohio executions
("A federal judge has ordered a 2 1/2-month moratorium on executions in Ohio to allow time for arguments over the state's new lethal injection procedures. The order delays executions scheduled for July and August while attorneys prepare filings about the state's decision to boost the dosages of its lethal injection drugs.")


Lumber Union Protectionists Incited SWAT Raid On My Factory, Says Gibson Guitar CEO ("Up until that point Gibson had not received so much as a postcard telling the company it might be doing something wrong. Thus began a five-year saga, extensively covered by the press, with reputation-destroying leaks and shady allegations that Gibson was illegally importing wood from endangered tree species. In the end, formal charges were never filed, but the disruption to Gibson’s business and the mounting legal fees and threat of imprisonment induced Juszkiewicz to settle for $250,000—with an additional $50,000 'donation' piled on to pay off an environmental activist group.")

Baltimore Sun

Candidates for Maryland governor seek votes by helping ex-convicts ("The three Democrats in Maryland's primary race for governor emphasize proposals for programs such as job training to help inmates successfully rejoin their communities. At forums, in policy papers, to community groups and on the campaign trail, each is pushing ideas to reduce recidivism.")


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