June 2021

June 2021 Cover

When should defense counsel raise an investigative omission defense?


Articles in this Issue

  1. Affiliate News

    What events are NACDL affiliates hosting this month? Find out here.

    Gerald Lippert

  2. Book Review: Legal Sabotage by Douglas G. Morris

    This month Richard Levitt reviews Legal Sabotage: Ernst Fraenkel in Hitler’s Germany by Douglas G. Morris.

    Richard Levitt

  3. Cellphone Forensics

    Richard Miletic discusses the types of data that can be extracted from a cellphone (including call history and accessed Wi-Fi networks) and from cloud accounts (including texts, emails, and location history). In addition, he lists the data stored by phone companies (location of serving cell tower and estimation of target phone location).

    Richard Miletic

  4. Digital Age & Practice: Cybersecurity and Law Firms: The Best Defense Is a Good Offense

    Law firms will always need tools like antivirus software, but law firm employees’ recognition of cyber threats must also evolve. There has been a rise in highly sophisticated cyber breaches that span weeks or even months. Instead of snatching valuable data in a back door intrusion, cybercriminals are siphoning it off via prolonged, methodical interactions with company employees.

    Heinan Landa

  5. Forfeiture Money Judgments: Will the Supreme Court Clamp Down

    on These Unconstitutional Judicial Punishments?

    Courts issue forfeiture money judgments against defendants despite the absence of statutory authority or due process protections. Defense counsel must continue to raise constitutional challenges until the Supreme Court speaks on the issue.

    Martha Boersch

  6. From the President: Thanks to the ‘Transformational’ Norman Reimer

    During his 15-year tenure, Norman Reimer led NACDL into new frontiers and modernized NACDL. It is an organization that positively impacts the lives of people accused of crimes.

    Chris Adams

  7. Inside NACDL: The NACDL “S” Visa Report

    The Latest Manifestation of NACDL’s Commitment to Reform and a Look Back at the 41 Reports That Preceded It and a Preview of the Next 3

    Congress ostensibly created the “S” Visa program to promote national security by incentivizing foreign nationals to provide information to deter terrorist attacks. Does the program work as intended?

    Norman L. Reimer

  8. NACDL News: NACDL and Georgia Criminal Defense Bar Condemn Georgia So-Called Election Integrity Act

    Groups Call Out Brazen Use of Overcriminalization to Undermine Exercise of the Fundamental Constitutional Right to Vote, Strongly Urging Repeal

    NACDL News for June 2021

    Ivan J. Dominguez and Kate Holden

  9. NACDL News: NACDL Statement on the Anniversary of the Death of George Floyd

    NACDL News for June 2021

    Ivan J. Dominguez and Kate Holden

  10. NACDL News: Norman L. Reimer Steps Down as Executive Director

    of NACDL and the NACDL Foundation for Criminal Justice

    NACDL News for June 2021

    Ivan J. Dominguez and Kate Holden

  11. Norman Reimer — Celebrating 15 Years!

    Staff appreciation for Norman L. Reimer as he steps down as Executive Director of NACDL and the NACDL Foundation for Criminal Justice.


  12. Unpacking the Source of Error in Forensic Evidence

    Most types of forensics lack the statistical backing that nuclear DNA tests have. Nonetheless, the general public believes that fingerprinting, for example, is as reliable or even more reliable than DNA testing. What should be the response in the courtroom?

    Brandon L. Garrett

  13. When Investigators Stumble: Reasonable Doubt and the Lack of Evidence

    When the prosecution decides not to use a readily available and superior method of proof to link the defendant with the criminal activity, the defendant should be able to comment on the absence of such evidence. If the jury sees the investigation as unreasonable and can reasonably infer that the missing evidence might have been exculpatory, then defense counsel has a solid investigative omission defense.

    Lisa J. Steele