June 2018

June 2018 Cover

What arguments can defense counsel make when a risk assessment tool recommends that a client be detained until his trial date?


Articles in this Issue

  1. Affiliate News

    Affiliate News for June 2018 Champion

    Gerald Lippert

  2. Book Review: Blue: The LAPD and the Battle to Redeem American Policing

    Book review for The Champion June 2018

    Timothy Zindel

  3. Book Review: Race to Judgment

    Book review for The Champion June 2018

    Ian Nawalinski

  4. Carpenter v. United States and the Future Fourth Amendment

    Carpenter v. United States set a course for rethinking Fourth Amendment rights in the digital age. The U.S. Supreme Court ruled that police must usually obtain a warrant to access historical cell site location information. The big question in Carpenter was whether the Court would continue to apply the third-party doctrine in the digital age or somehow limit its reach. Carpenter makes it clear that the Court is willing to reconsider old doctrines that do not fit with the realities of the digital age.

    Michael Price

  5. From the President: The Police Shell Game: Shedding Light on the Hiding of Bad Cops

    A police officer who is fired for disciplinary reasons in one jurisdiction can be hired by a police department in another jurisdiction. A substantial part of the problem lies in the lack of uniform tracking and transparency across jurisdictions and states.

    Rick Jones

  6. How Defense Attorneys Can Eliminate Racial Disparities in Criminal Justice

    Nazgol Ghandnoosh presents a framework for understanding the sources of racial disparity in the criminal justice system and suggests actions that defense attorneys can take to address the problem. In addition, she identifies the mechanisms through which criminal justice policies and practices have disadvantaged people of color, and highlights efforts to reverse these trends.

    Nazgol Ghandnoosh

  7. Inside NACDL: Acclimating NACDL’s Mission to Address Racial Disparity

    Through programs, policy initiatives and publications, NACDL has embraced the challenge to confront racism in the criminal justice system. These efforts are designed not only to expose the problem, but also to equip advocates who are on the front lines in the nation’s criminal courts.

    Norman Reimer

  8. Making Sense of Pretrial Risk Assessments

    Pretrial risk assessment tools have emerged as the favored reform in the movement to lower pretrial jailing and limit the abuses of money bail. Critics have voiced concern, however, over the threat that risk assessments perpetuate racial bias inherent in the criminal justice system. When a risk assessment tool recommends that a client be detained or released with conditions — particularly a client of color — lawyers must be prepared to point out the tool’s limitations and biases.

    Brandon Buskey and Andrea Woods

  9. NACDL News: Court Vacates Contempt Conviction Against Marine Brig. Gen. John Baker, Chief Defense Co

    NACDL News The Champion June 2018

    Ivan J. Dominguez and Ian Nawalinski

  10. NACDL News: NACDL Mourns the Passing of Past President Ronald I. Meshbesher

    NACDL News The Champion June 2018

    Ivan J. Dominguez and Ian Nawalinski

  11. NACDL News: Nation’s Lowest Assigned Counsel Rate: NACDL Argues for Significant Increase in Wisconsi

    NACDL News The Champion June 2018

    Ivan J. Dominguez and Ian Nawalinski

  12. The Persistence of Discrimination in Jury Selection: Lessons from North Carolina and Beyond

    Some state appellate courts have ignored Batson v. Kentucky. For example, in over 100 cases raising the Batson issue, appellate courts in North Carolina have never reversed a case because of discrimination against a minority juror. However, appellate courts in Washington, California, Iowa, and the District of Columbia have shown a willingness to change course. While the record will rarely contain direct evidence of purposeful discrimination, state appellate courts should consider carefully the proper application of Batson in light of the changing nature of racial bias.

    James E. Coleman, Jr.

  13. We, the Jury: Jurors and LinkedIn

    When in doubt about extraneous influence on a juror, a trial court should hold a hearing.

    Thaddeus Hoffmeister