June 2011

June 2011 Cover

Before defense lawyers can educate a jury about a problem with eyewitness identification, they must understand the factors contributing to it.

 

Articles in this Issue

  1. A Message From NACDL’s Treasurer: Spread the Word!

    A Message From NACDL’s Treasurer: Spread the Word! Theodore Simon June 2011 20 In a profession that’s all about words and principles, numbers have little appeal. But for NACDL, numbers are an important piece of the story that will support and further our individual and collective missions. The story

  2. A Second Look at the Illinois Pilot Program: The Evanston Data

    A Second Look at the Illinois Pilot Program: The Evanston Data Nancy Steblay June 2011 42 Recent years have seen a convergence of scientific findings and legal policy regarding eyewitness evidence. Eyewitness scientists have provided a context for better understanding of the eyewitness error that pe

  3. Book Review: Convicting the Innocent: Where Criminal Convictions Go Wrong

    Book Review Brandon L. Garrett June 2011 55 Convicting the Innocent: Where Criminal Convictions Go Wrong By Brandon L. Garrett Harvard University Press (2011) Reviewed by Donald G. Rehkopf Jr. Anyone who regularly handles post-conviction cases knows of Professor Brandon Garrett’s schol

  4. Conviction After Misidentification: Are Jury Instructions A Solution?

    Conviction After Misidentification: Are Jury Instructions A Solution? Joseph F Savage Jr.; James P. Devendorf June 2011 30 E yewitness testimony can convince a jury of a defendant’s guilt even in the absence of other incriminating evidence. But numerous exonerations have demonstrated that eyewitness

  5. From the President: From Ted Stevens to Lauren Stevens: The Federal Conviction Train Goes off the Ra

    From the President Jim E. Lavine June 2011 5 From Ted Stevens to Lauren Stevens: The Federal Conviction Train Goes off the Rails I practiced law for a long time and made a number of Rule 29 motions. … I don’t have a very good track record with those motions. In my seven and a half years as a juri

  6. Homicide in Baghdad

    Homicide in Baghdad Jessica Riley; Stewart P. Riley June 2011 48 On Jan. 2, 2007, we received a call from the sister of a former Blackwater Security Company employee under investigation in connection with the Christmas Eve shooting death of a bodyguard for the vice president of Iraq. She was looking

  7. Informal Opinion: Be Attentive And Get Lucky: An Amazing Real Life Story

    Informal Opinion Roger Futerman May 2011 55 Be Attentive And Get Lucky: An Amazing Real Life Story As I go into my 12th year as a criminal defense lawyer, I have learned that the element of luck in a successful jury verdict is underestimated. I believe that any good trial lawyer will say it does

  8. Inside NACDL: Students Help NACDL Fulfill Its Mission

    Inside NACDL Jon Umarov June 2011 7-8 Note from the Publisher: NACDL is fortunate to attract the interest of outstanding undergraduates and law students with a passion for criminal justice. To introduce this year’s interns and minority fellows, I am pleased to present a guest author, Jon Umarov.

  9. Law Student Essay Competition: Stop Talking and Start Doing: Increasing Diversity In the Legal Profe

    Law Student Essay Competition Dawn Hunter June 2011 52 Stop Talking and Start Doing: Increasing Diversity In the Legal Profession   The greatest challenge to increasing diversity in the legal profession and on the bench is taking action. Law schools, bar associations, law firms, and other organi

  10. Letters to the Editor

    Letters to the Editor Mark Rabil; Nicole A. Nichols June 2011 6 Readers responded to the Women in Criminal Defense-themed April 2011 issue. It did my heart good to see all these issues tied together so well, in one place, with practical suggestions. I’ve been in the middle of fighting racism for

  11. NACDL News

    NACDL News Multiple authors June 2011 15 Board Adopts Resolutions On Asset Forfeiture And Judicial Elections By Patrick Veasy NACDL’s Board of Directors adopted resolutions on asset forfeiture and judicial elections during its spring quarterly meeting on May 20, 2011, in Washington, D.C.

  12. Notice of Proposed Bylaws Amendments

    Notice of Proposed Bylaws Amendments No author June 2011 11 The membership will vote on two proposed changes at the Membership Meeting on August 6, 2011, at 9:30 a.m. in Denver, CO.   Pursuant to Article XIII, Section 1 of the Bylaws, this shall serve as notice of a proposed amendment to the N

  13. Smile for the Security Camera

    Smile for the Security Camera Lisa J. Steele 36 June 2011 The jury had before it photographs from the surveillance videotape as well as a booking photograph of the defendant and a photographic array containing his photograph. The jury was therefore able to compare the images taken of the perpetrato

  14. Street Crimes, Stress, And Suggestion: Helping The Jury See What The Witness Did Not

    Street Crimes, Stress, And Suggestion: Helping The Jury See What The Witness Did Not Jonathan Rapping June 2011 22 Agnes Foster is a petite 60-year-old African American woman. A lifelong New York resident, she is a domestic worker, who starts her day at 6:00 a.m. and returns home at 8:00 p.m., walk