March 2013
This month learn how (1) to help medical experts do their best for the defense; (2) to prepare for the prosecution’s expert; and (3) to protect the work of defense consultants.
Articles in this Issue
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A Primer on Preparing for the Prosecution’s Expert
A Primer on Preparing for the Prosecution’s Expert Richard S. Jaffe March 2013 40 Despite the fact that experts have always played a prominent role in both civil and criminal trials, many lawyers fail to challenge experts utilized by the prosecution. Challenges are rarely brought despite the fact
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Affiliate News
Affiliate News Gerald Lippert Affiliate News March 2013 13 2013 Council of Affiliates Election: Request for Nominations It is that time of year again! NACDL is currently seeking Affiliate nominations for two upcoming vacancies on its Board of Directors and seats on the Council of Affiliates. Th
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Book Review: Federal Prison Guidebook 2012-2014 Edition
Book Reviews: Federal Prison Guidebook 2012-2014 Edition Elizabeth Kelley Book Reviews March 2013 59 Federal Prison Guidebook 2012-2014 Edition By Alan Ellis, J. Michael Henderson & Todd Bussert James Publishing (2012) Just as every two years congressional and legislative elections
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Book Review: Jumped In: What Gangs Taught Me About Violence, Drugs, Love, and Redemption
Book Reviews: Jumped In: What Gangs Taught Me About Violence, Drugs, Love, and Redemption Michelle Inderbitzin Book Reviews March 2013 60 Jumped In: What Gangs Taught Me About Violence, Drugs, Love, and Redemption By Jorja Leap Beacon Press (2012) Jumped In: What Gangs Taught Me About Vi
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Book Review: Rights at Risk: The Limits of Liberty In Modern America
Book Reviews: Rights at Risk: The Limits of Liberty In Modern America Jeffrey Gamso Book Reviews March 2013 61 Rights at Risk: The Limits of Liberty In Modern America By David K. Shipler Knopf (2012) “Freedom demands a certain risk,” David Shipler wrote in The Rights of the People . In
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Book Reviews: Saving Nelson Mandela: The Rivonia Trial and the Fate of South Africa
Book Reviews: Saving Nelson Mandela: The Rivonia Trial and the Fate of South Africa Marjorie Meyers Book Reviews March 2013 57 Saving Nelson Mandela: The Rivonia Trial and the Fate of South Africa By Kenneth S. Broun Oxford University Press (2012) The defendant is charged with sabotage, a
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Book Reviews: The Collapse of American Criminal Justice
Book Reviews: The Collapse of American Criminal Justice Timothy Zindel Book Reviews March 2013 59 The Collapse of American Criminal Justice By William J. Stuntz Harvard University Press (2011) Harvard law professor William Stuntz succumbed to cancer in 2011 at 52, months before the unive
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Book Reviews: Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action
Book Reviews: Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action Louis J. Virelli III Book Reviews March 2013 58 Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action By Andrew Guthrie Ferguson New York University Press (2012) Why do I have to serve on a jury and
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From the President: Mentors Among Us
Experienced defense lawyers have a responsibility to mentor new lawyers.
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Getting Scholarship Into Court Project
The “Getting Scholarship Into Court Project” identifies law review articles and other writings that might be especially useful to courts and practitioners. Summaries of the articles appear in The Champion.
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Gideon at Play, But Rights and Privileges Lacking (Military Commissions Perspective)
During the Jan. 28-31, 2013, hearings at “Camp Justice” at Guantánamo Bay, Cuba, it became apparent that a third party, outside the strictures of the military commissions, had been listening to proceedings and had the ability to close the courtroom to the public, without the knowledge of the judge and without going through proper legal procedures.
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Informal Opinion: The Retroactivity of Padilla After Chaidez v. United States
Informal Opinion Jeffrey L. Fisher and Kendall Turner March 2013 43 The Retroactivity of Padilla After Chaidez v. United States On March 31, 2010, the Supreme Court held in Padilla v. Kentucky that a criminal defendant receives ineffective assistance of counsel when her lawyer fails to a
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Law Student Essay Competition
Law Student Essay Competition Sally Tyler March 2013 52 State Voter ID Laws And the Challenge To Democracy Editor’s Note: NACDL’s Diversity Task Force sponsored a law student essay contest. The task force asked students to discuss voter ID laws and whether they are being used to disenfranc
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Lawyers Are Not Unicorns, but a Race-Baiting Prosecutor Proves That a Failure to Object Can Be Fatal
In Henderson v. United States, the U.S. Supreme Court held that the plain error rule, which permits an appellate court to redress an error that was not preserved by timely objection, applies to errors that were plain at the time of appeal, as opposed to only those that were plain at the time of trial.
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NACDL News: Board Members Approve Draft Domestic Drone Legislation
NACDL News: Board Members Approve Draft Domestic Drone Legislation Ivan J. Dominguez NACDL News March 2013 10 On February 23, NACDL’s Board of Directors approved NACDL’s Fourth Amendment Committee’s draft domestic unmanned aircraft (aka “drones”) legislation. This legislation would prohibit unwarra
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NACDL News: Comprehensive Text on Collateral Consequences Released
NACDL News: Comprehensive Text on Collateral Consequences Released Ivan J. Dominguez NACDL News March 2013 10 NACDL Press and Thomson Reuters Westlaw on February 21 released the second book of their joint publishing venture, Collateral Consequences of Criminal Convictions: Law, Policy & Practi
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NACDL News: Dog Sniffs Can Establish Probable Cause for a Search
NACDL News: Dog Sniffs Can Establish Probable Cause for a Search Ivan J. Dominguez NACDL News March 2013 11 In Florida v. Harris (No. 11-817), a unanimous U.S. Supreme Court on Feb. 19, 2013, enshrined in law a dog’s wide latitude to determine the constitutional right of Americans to be free fro
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NACDL News: DOJ ‘White Paper’ on Extrajudicial Execution of U.S. Citizens Tortures Core American Con
NACDL News: DOJ ‘White Paper’ on Extrajudicial Execution of U.S. Citizens Tortures Core American Constitutional Principles Ivan J. Dominguez NACDL News March 2013 11 On Feb. 4, 2013, NBC News exclusively released a confidential Department of Justice document that purports to justify the extrajudicia
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NACDL News: Maryland Legislature Votes To Repeal the Death Penalty
NACDL News: Maryland Legislature Votes To Repeal the Death Penalty Ivan J. Dominguez NACDL News March 2013 11 On March 15, 2013, the state of Maryland moved one step closer to abolishing the death penalty. The House of Delegates — by a margin of 82 to 56 — voted to repeal the death penalty in Maryl
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NACDL News: NACDL Board Adopts DNA-Related Resolutions
NACDL News: NACDL Board Adopts DNA-Related Resolutions Ivan J. Dominguez NACDL News March 2013 10 NACDL’s Board of Directors passed three important DNA-related resolutions at its Midwinter Meeting in Washington, D.C., on Feb. 23, 2013. First, the FBI federal Combined DNA Index System (CODIS) databa
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Protecting the Confidentiality of the Work of an ‘Outsider’ On the Defense Team: Maximizing the Prot
Complex white collar criminal cases increasingly require counsel to investigate and understand facts in many different industries, engage in considerable pretrial practice, and prepare for lengthy trials. Most lawyers cannot do this alone. Lawyers are not experts in every industry, nor can they get ready for every part of trial without outside assistance. For instance, a white collar defense lawyer will be able to conduct internal corporate investigations but probably cannot personally trace funds through overseas banks in complex international financial transactions. A public defender will know how to build a legal argument to exclude evidence obtained illegally but will not be qualified to investigate the background of the police officers who conducted the search. Defense counsel can strategize about the testimony from former employees that would strengthen his case, but counsel will need help finding witnesses located overseas or even cross-country. And a trial lawyer can imagine the perfect demonstrative to help the jury understand her key point, but she likely has no idea how to turn this abstract idea into a usable trial exhibit.
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Rx for Lawyers: How to Help Medical Experts Do Their Best for the Defense
Rx for Lawyers: How to Help Medical Experts Do Their Best for the Defense David S. Marshall March 2013 16 Criminal defense attorneys often turn to physicians and other medical experts for consultation and testimony. Rarely, however, does an attorney give a medical expert what the expert needs to
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The Cost of Representation Compared to the Cost of Incarceration: How Defense Lawyers Reduce The Cos
The Cost of Representation Compared to the Cost of Incarceration: How Defense Lawyers Reduce The Costs of Running the Criminal Justice System John P. Gross and Jerry J. Cox March 2013 22 Editor’s Note: This article originally appeared in the March 2013 issue of Bench & Bar magazine, the off