March 2021

March 2021 Cover

Read about the fight to exclude social media evidence. Find out what mistakes crime scene investigators make when recovering human skeletal remains.


Articles in this Issue

  1. Affiliate News

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

    Gerald Lippert

  2. Book Review: Helena Star by Stewart Riley

    This month Michael G. Martin reviews Helena Star: An Epic Adventure Through the Murky Underworld of International Drug Smuggling by Stewart Riley.

    Michael G. Martin

  3. Book Review: No Human Is Illegal by J.J. Mulligan Sepúlveda

    This month Eva Grenier reviews No Human Is Illegal: An Attorney on the Front Lines of the Immigration War by J.J. Mulligan Sepúlveda.

    Eva Grenier

  4. Choosing a Competent Forensic Mental Health Expert: A Guide for Legal Practitioners

    The authors provide attorneys with guidance when selecting and consulting forensic mental health experts.

    Jennifer Cox, Ph.D., David DeMatteo, J.D., Ph.D., and Stephanie C. Doran, M.A.

  5. Criminal Procedure: The Due Process Protection Act: How Rule 5(f) Came to Be

    and Where Do We Go from Here?

    Rule 5(f)(1) requires judges to inform prosecutors of their obligation to produce exculpatory information and provides that courts may hold prosecutors accountable if they do not comply with a Brady order. Rule 5(f)(2) requires that each circuit council promulgate a Model Order that a district court “may use as it determines is appropriate.”

    Hon. Donald W. Molloy and John S. Siffert

  6. Cross Country: Charting Inconsistencies in Multiple Statements

    When a witness gives multiple statements, defense lawyers need a preparation system that efficiently detects many forms of inconsistency.

    Larry Pozner

  7. From the President: Jamming Mobile Phones of Prisoners: Beware the ‘Law & Order Boys’

    Law enforcement officers have renewed their demand that Congress alter the law to allow states to jam phone signals of contraband cellphones in prisons.

    Chris Adams

  8. Inside NACDL: Reflections on a Year of Challenge

    Not many people could have imagined that the U.S. Capitol would come under assault. No one thought 500,000 people would die from the coronavirus. Yet there is real hope.

    Norman L. Reimer

  9. The Use of ‘Ultra-Particularity’ to Invoke Qualified Immunity

    A Substantial Threat to Civil Rights Claims and a Potentially Fatal Blow to Eighth Amendment Claims

    The author discusses “ultra-particularity” – a clever tool used to invoke qualified immunity and shield officers and jailers from liability. The article explores Supreme Court and circuit court opinions, and what it takes to prevail on a claim outside of the more commonplace excessive force claims.

    Ian Wallach

  10. Trying to Stem the Tide: Closing the Door on Social Media Evidence

    Although the prosecution often uses social media evidence to show “intent” for all manner of human conduct, the legal challenges to social media evidence are growing in strength.

    Justin Rosas

  11. When CSI Gets It Wrong: Recovering Human Skeletal Remains

    What are some common mistakes made by crime scene investigators during the recovery of human skeletal remains?

    Rick Snow, Ph.D.