Articles in this Issue

1. Affiliate News

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

   Jessica Stepan

2. Automating Firearms Examination

   How 3D Imaging and Virtual Comparison Microscopy Change Firearms Examination and What Defenders Can Do About It

   In the past, firearms examiners used microscopes to compare toolmarks on bullets or cartridge casings to determine whether two bullets or casings were discharged from the same gun. Today, virtual comparison microscopy and companion 3D scanners use algorithm-driven technology to create, modify, and compare computer-generated images of the surface of bullets and cartridge casings. What danger does forensic technology pose?

   Lisa Waters

3. Book Review: Law for Forensic Scientists by Victor Weedn and Kenneth Melson

   This month Gil Sapir reviews Law for Forensic Scientists by Victor Weedn and Kenneth Melson.

   Gil Sapir

4. Case Tracker Project: Year One Review

   What the NACDL Criminal Case Tracker Reveals About Federal Prosecutions

   Steven Salky looks back at the first year of the NACDL Criminal Case Tracker. The Case Tracker is a continually updated resource designed to help defense attorneys develop effective defense strategies against the unusual prosecutions being pursued by the DOJ.

   Steven M. Salky

5. From the President: When Structural Deficiencies Clash with Individual Rights

   When public defender offices become overburdened, the risk of harm is not abstract. Excessive caseloads can lead to truncated investigations, limited client communication, and pressured plea negotiations.

   Andrew S. Birrell

6. How to Challenge a Remote Competency Evaluation: Ethical, Clinical, and Legal Considerations

   Remote competency-to-stand-trial evaluations are common, but the unique variables introduced by remote formats, such as technology limitations or camera framing, can affect the accuracy of the evaluation results. While remote evaluations promote judicial efficiency, defense lawyers must ensure that they do not undermine due process protections or the reliability of forensic findings.

   Gimel Rogers and Juliana Caro

7. In Memoriam: James Willis: Trailblazing Criminal Defense Pioneer

   NACDL members reflect on the influence of NACDL Past President James R. Willis.

   NACDL

8. Memory & Perception: Yes, Eyewitness Confidence Is Diagnostic of Eyewitness Accuracy

   Which eyewitness identifications are at risk for error and should be challenged? Scientific research provides the answer.

   Kathy Pezdek and Daniel Reisberg

9. NACDL News: NACDL at Supreme Court for Oral Argument in Chatrie v. United States

   NACDL News for June 2026

   Jessie Diamond and Jonathan Hutson

10. NACDL News: New Report Highlights Widespread Coercive Plea Bargaining in Connecticut

    NACDL News for June 2026

    Jessie Diamond and Jonathan Hutson

11. Pozner on Cross: If You Cannot Build a Cathedral, Build a Lighthouse

    When defense lawyers pour their time and talent into preparing and trying a case with no defense, it is a signal to the prosecutor: “This is what happens when you make stupid offers or no offer. We go to trial.”

    Larry Pozner

12. Recidivism Jury Trials

    Erlinger v. United States Means Many Criminal History Determinations at Sentencing Are Jury Questions Under the Sixth Amendment*

    Professor Tobie Smith writes that Erlinger v. United States gives defendants the chance to contest recidivism questions before a jury instead of a judge. He highlights types of recidivism findings that require a jury. Also, he identifies opportunities for successfully defending clients against recidivism enhancements in jury trials that sentencing laws were not designed for.

    Tobie Smith

13. Reviews in Review

    Reviews in Review for June 2026

    Ellen S. Podgor