NACDL - April 2015

Accepting Miller’s Invitation: Conducting a Capital-Style Mitigation Investigation in Juvenile-Life

The 2012 U.S. Supreme Court decision in Miller v. Alabama issued an invitation for the defense bar to create a fairer and more individualized sentencing landscape in juvenile cases with a potential sentence of life without parole (JLWOP). JLWOP cases now are arguably the constitutional equivalent of death penalty cases, and thus the principles of capital mitigation investigations should apply. The defense team’s investigation must include an exhaustive examination of the client, his life, medical and mental health, social connections, and environment.

Betsy Wilson and Amanda Myers

Book Review: Too Big to Jail: How Prosecutors Compromise with Corporations

Brandon Garrett’s calling card as a researcher is the brute force attack. In both his previous work on wrongful convictions and his more recent turn to corporate crime, Garrett’s approach has been to mine and synthesize every available ounce of data from the public record — and to great effect. Convicting the Innocent: Where Criminal Prosecutions Go Wrong is rightly seen as a landmark book on wrongful convictions, and his latest work, Too Big to Jail: How Prosecutors Compromise with Corporations, is sure to be comparably influential.

Andrew George and Kyle Clark

Capital Cases

Willie Herring’s case cried out for mitigation. The cry went unanswered. The 5-4 decision from the Ohio Supreme Court in Herring’s case does not break new ground. It does, however, provide important reminders about the duty of capital defense attorneys to ensure that a comprehensive mitigation investigation is conducted in every case.

Natman Schaye

Clemency Project 2014TM Works to Assist Victims of America’s Incarceration Epidemic

Clemency Project 2014, a response to the Obama administration’s interest in expanding the use of executive clemency, aims to provide assistance to thousands of individuals seeking reduced sentences.

Isaac Kramer

Conquer Your Fear: Taking on a Child Sex Case

Particularly in child sex cases, success lies in preparation. It may be tempting for a lawyer to pass a case alleging a child sex offense to another lawyer who has more experience in handling such cases. While experience is important, a lawyer prepared to spend the time and resources researching the facts and background information and thoughtfully analyzing the issues can successfully defend cases that may initially appear hopeless. Kathleen Stilling provides a basic plan for preparing, analyzing, and investigating child sex cases.

Kathleen Stilling

From the President: The Time Has Come for Forfeiture Reform

Forfeiture reform is long overdue. The Fifth Amendment Integrity Restoration (FAIR) Act would raise the level of proof required to seize property to the more reasonable standard of “clear and convincing evidence,” which would help protect property owners.

Theodore Simon

Justice as Fairness: Forensic Implications Of DNA and Privacy

The use of DNA in criminal cases has improved the ability to associate individuals with crime scenes and to associate individuals with each other. Advancing technologies, however, may threaten privacy. DNA analyses have the potential to reveal information about one’s health, one’s family, and one’s future health. Statutes mandating the gathering of DNA from individuals merely arrested but not convicted are ripe for a legal challenge.

Gary R. Skuse and Anne M. Burger