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.

 Sign up here! 


Daily Criminal Justice Briefing
NACDL Social Media

 Tuesday, May 24, 2016 

NACDL News Release 

Nation's Criminal Defense Bar: The Continuing Collapse of the Case for Capital Punishment ("Yesterday, in its 7 to 1 judgment in in Foster v. Chatman (14-8349), the U.S. Supreme Court found that prosecutors violated the Constitution in the 1987 capital case against Timothy T. Foster, an African-American man accused of killing a white woman, when they struck every prospective black juror from the pool. The 1986 Supreme Court case ofBatson v. Kentucky (84-6263) held that 'peremptory strikes,' or strikes of jury pool members without an articulated reason, are unconstitutional if race is the motive. In Foster, documents came to light decades after the trial showing that prosecutors in Mr. Foster's case had kept specific notes identifying and ranking prospective black jurors. 

 'What the prosecutor's office did in Mr. Foster's case rightly shocks the conscience for its blatant disregard of core constitutional protections that must be afforded to all who are accused of a crime in this country,' said National Association of Criminal Defense Lawyers (NACDL) President E.G. 'Gerry' Morris. 'For nearly 30 years, Mr. Foster has served on Georgia's death row, sent there by an illegally constituted jury. It's not often that prosecutors create, and defense counsel is able to secure, demonstrable evidence of Batson violations, as here. This case serves as a powerful reminder of just one of the many ways in which the rights of the accused, and the integrity of the criminal process, can be compromised. Taken together with scores of exonerations, not to mention ghoulish and all-too-frequently grotesque execution protocols with secretly obtained lethal concoctions, it is further proof of the unacceptability of capital punishment in an advanced and civilized criminal justice system. The abolition of the death penalty is long overdue, as is abundantly clear by the continuing collapse of the case for it.'") 

Law.com/The Legal Intelligencer(registration/subscription required for ALM/Law.com)

Cosby Denied Stay in Criminal Case ("Bill Cosby’s emergency application for a stay of his criminal case has been denied by the Pennsylvania Supreme Court, allowing his preliminary hearing scheduled for Tuesday to proceed.") 

Law.com/Daily Report 

 Cyber Security, Part 3: Identifying Solutions ("Cyber security issues are constantly evolving. Indeed, even since the first article in this series was published, it was announced that plaintiffs law firm Edelson PC has already filed a privacy class action lawsuit against a law firm, alleging that the defendant firm failed to engage in effective cyber techniques and, thus, failed to maintain confidential data.") 

U.S. Supreme Court Questions Prosecutors' Credibility In Ruling For Condemned Georgia Inmate ("In a decision reversing the 29-year-old murder conviction of a black Georgia death row inmate, U.S. Supreme Court Chief Justice John Roberts, writing for the court majority, questioned 'the shifting explanations, the misrepresentations of the record, and the persistent focus on race' by county prosecutors...") 

 The Marshall Project 

  Nothing But The Truth ("A radical new interrogation technique is transforming the art of detective work: Shut up and let the suspect do the talking.") 

 The Crime Report 

  Color of Crime: The Tyranny of ‘Collateral Consequences’ ("'It’s not just conviction,' Levin said. 'Sometimes very significant collateral consequences can attach just based on a charge and even arrest, which is something that should raise a ton of red flags.'") 

 The New York Times 

 Rikers Island Guards Accused in Inmate’s Beating Will Not Testify ("The nine correction officers who are on trial in the July 2012 beating of an inmate at Rikers Island, New York City’s main jail complex, will not be telling their side of the story in court.") 

 Case Against Photographer Over Paris Massacre Picture Is Dismissed ("A judge on Friday threw out a criminal case against a French photographer whose graphic image of a man shot by extremists during the November terrorist attacks in Paris drew the ire of the victim’s family.") 

T.S.A. Replaces Security Chief as Tension Grows at Airports and Agency ("Facing a backlash over long security lines and management problems, the head of the Transportation Security Administration shook up his leadership team on Monday, replacing the agency’s top security official and adding a new group of administrators at Chicago O’Hare International Airport.") 

As Obama Presses Vietnam on Rights, Activists Are Barred From Meeting ("President Obama won enthusiastic applause here on Tuesday with a supportive reference to Vietnam’s disputes with China, saying in a speech that 'big nations should not bully smaller ones.' But several activists who had been scheduled to meet with him before the speech were prevented from doing so, underscoring the gulf with Hanoi on human rights.") 

The Washington Post
Justices throw out death sentence given to black man by all-white jury ("The Supreme Court ruled Monday in favor of a black Georgia death-row inmate who claimed that prosectors kept African Americans off the jury that convicted him of murdering an elderly white woman.")

GOP sues to block McAuliffe order to let 200,000 Virginia felons vote ("Leaders of Virginia’s House and Senate went to the state’s highest court Monday in a bid to reverse Gov. Terry McAuliffe’s sweeping order to restore voting rights to 206,000 felons.") 

McAuliffe in ‘shock’ over FBI investigation of campaign money, personal finances ("Gov. Terry McAuliffe (D) said he is 'very confident' that the FBI will find no wrongdoing in its investigation of donations to his 2013 campaign and his personal finances.") 

Police in Las Vegas forge close ties to the city’s Muslim community ("In an effort to build trust, they have emerged as empathetic problem solvers, helping religious leaders cut through city red tape, responding to reports of vandalism and cleaning up trash and abandoned vehicles.") 

China’s scary lesson to the world: Censoring the Internet works ("Far from knocking down the world’s largest system of censorship, China in fact is moving ever more confidently in the opposite direction, strengthening the wall’s legal foundations, closing breaches and reinforcing its control of the Web behind the wall.") 

The Hill 

Defense bill renews fight over military sexual assault ("Senators are pledging to use an annual defense policy bill to renew a fight over prosecutions of military sexual assault.") 

The Atlantic 

Is Bail Causing Convictions? ("Bail is supposed to encourage defendants to show up for trials, but it also increases the likelihood of conviction and recidivism.") 

The Baltimore Sun
Freddie Gray case: Baltimore Police Officer Edward Nero found not guilty of all charges ("The verdict, which followed a five-day bench trial, is the first in the closely watched case. Nero, 30, had faced misdemeanor charges of second-degree assault, reckless endangerment and two counts of misconduct in office.")


Video: The Return ("An unprecedented reform to California's 'Three Strikes' law through the eyes of those on the front lines — prisoners suddenly freed, families turned upside down, reentry providers helping navigate complex transitions, and attorneys and judges wrestling with an untested law.") 

The Pew Charitable Trusts 

Stateline: At Rikers Island, a Legacy of Medication-Assisted Opioid Treatment ("Rikers Island Correctional Facility has run a model opioid treatment program since 1987, and it has assisted tens of thousands of inmates in maintaining treatment after they return to their communities.") 


She went to a historically black college. So did he. Their sexual assault case was a disaster. ("Both Synclaire and the man she says raped her, who was also interviewed for this article, say they felt failed by their colleges after the alleged assault. He maintains it was consensual.") 

The Intercept 

Brother of Guantanamo Diary Author Barred from Entering U.S. ("Mohamedou’s younger brother, Yahdih Ould Slahi, lives in Düsseldorf, Germany, and has been trying to secure his brother’s freedom for years. He was planning to come to the United States to meet with journalists and for a series of public events ahead of the review board hearing.") 

Atlanta Magazine 

After Supreme Court victory, Stephen Bright won’t rest his defense of the poor and the powerless ("'Steve reminds us of what justice really demands,' says Jonathan Rapping, co-founder of Gideon’s Promise, an Atlanta-based nonprofit that has trained hundreds of public defenders. 'We work with a system that pressures us to forget our own values. Steve believes so deeply in what is right that he won’t hesitate to stand up anywhere and say it.'")  


After Scandals, Officials Say Mass. Drug Labs Have Improved — But Concerns Linger ("Defense attorneys in Massachusetts are still waiting to find out how the fiascos at state drug labs over the last few years will affect thousands of criminal cases. Going forward, state officials say the drug labs are in much better shape, but not everyone is 100 percent convinced.") 

Chicago Tribune 

Skokie Review: County's Mental Health Court opts for offender treatment over jail ("Mental Health Court is about helping people get the treatment they need — not only so they won't continue to commit crimes, but so they can lead healthier and happier lives, Edidin said.")  

Footer  Sign up here! 


In This Section

Advertisement Advertise with Us