June 2025

June 2025 Cover

Did a prosecution witness fail to follow training procedures when conducting the case investigation? Larry Pozner discusses the chapter bundles for impeaching this witness.

 

Articles in this Issue

  1. Affiliate News

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

    Jessica Stepan

  2. Book Review: Lovely One by Ketanji Brown Jackson

    This month Teri Sopp reviews Lovely One by Ketanji Brown Jackson.

    Teri Sopp

  3. Book Review: Moving Forward: A Resource Guide by Ian Jaso, J.D

    This month Cara Wieneke reviews Moving Forward: A Resource Guide by Ian Jaso, J.D.

    Cara Wieneke

  4. Capital Cases: Richard Glossip’s Torturous Journey Through the Courts

    The state of Oklahoma scheduled several execution dates for Richard Glossip. Throughout all of this, he has maintained his innocence. Sarah Sanger writes about Glossip’s journey through courts.

    Sarah Sanger

  5. DWI: Attacking the SFSTs with the 2023 NHTSA Manual

    The 2023 NHTSA standard field sobriety test (SFST) manual introduces new opportunities for cross-examination that can cast light on the meticulousness involved in grading field sobriety tests, which are difficult to pass. Defense attorney Mark Thiessen says the goal is to educate jurors about the flaws in the SFSTs.

    Mark Ryan Thiessen

  6. From the President: AI Cannot Do Everything We Do

    Artificial intelligence (AI) can do a lot, particularly with tasks related to discovery. However, AI will not make criminal defense lawyers obsolete.

    Christopher A. Wellborn

  7. Guilty Until Proven Innocent: The Preventable Tragedy of Inaccurate Field Drug Test Kits

    Hundreds of thousands of people are arrested each year for drug possession based on field drug test kits – small plastic pouches containing chemicals that are supposed to change color when an officer adds an illegal substance to the pouch. Are these drug test kits accurate?

    Des Walsh

  8. Impeachment by Violation of Training

    When a prosecution witness performed a task that was part of the case investigation, that witness can be impeached for failure to follow training procedures for completing the task. Larry Pozner discusses how to do the following: (1) highlight the importance of training, (2) show that the witness deviated from the training, (3) pivot when training materials do not exist, and (4) take advantage of the witness’s attempts to evade.

    Larry Pozner

  9. NACDL News: NACDL Condemns Attack on Judge and Erosion of Due Process

    in Deportation of Alleged Venezuelan Gang Members

    NACDL News for June 2025

    Jessie Diamond and Jonathan Hutson

  10. NACDL News: NACDL Reiterates Opposition to Actions Against Law Firms

    NACDL News for June 2025

    Jessie Diamond and Jonathan Hutson

  11. Potential Exile to El Salvador Triggers the Right to Appointed Counsel

    Under the Criminal Justice Act and the Due Process Clause After Trump v. J.G.G.

    Stephen Sady addresses the existing legal principles that provide a foundation for appointing counsel for people facing incarceration through transfer to a foreign prison under the Alien Enemies Act.

    Stephen R. Sady

  12. Sentencing: Incorporate the First Step Act Into Your Direct Representation

    Understanding the First Step Act’s earned time credits and how they can help a client is crucial to reducing the time the client may serve if convicted. How can defense counsel incorporate earned time credit strategy into direct representation?

    Trevor Parkes

  13. The NACDL Q&A: Journalism, Justice, and Preventable Tragedies

    Dan Slepian, a producer for the NBC investigative newsmagazine Dateline, spent 20 years maneuvering through the criminal legal system as he helped to free six innocent men after their wrongful convictions. Slepian discusses his book, The Sing Sing Files, and how these men taught him what resilience truly looks like.

    Quintin Chatman