March/April 2026
Sex assault cases present an uphill battle for criminal defense attorneys. What are some tips that will help them win?
Articles in this Issue
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A New Tool for Confronting Habitual Offender Laws: Their Eugenic Origins
Eugenicists argued that criminality was inherited and said the only way to stop the spread of crime was to stop criminals from reproducing. To accomplish this goal, they advocated for long prison sentences that would effectively prevent individuals from reproducing. Daniel Loehr urges criminal defense attorneys to use this disturbing history when representing clients charged under habitual offender laws to develop constitutional challenges and educate the court.
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Affiliate News
What events are NACDL affiliates hosting this month? Find out here.
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Book Review: Quiet Counsel by Larry D. Thompson
This month Ellen S. Podgor reviews Quiet Counsel: Looking Back on a Life of Service to the Law by Larry D. Thompson.
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Book Review: Tales as Old as Crime by Randy Schaffer
This month Andrew M. Williams reviews Tales as Old as Crime: Laughter and Pain in the Criminal Injustice System by Randy Schaffer.
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Book Review: The Many Lives of Mama Love by Lara Love Hardin
This month Victoria Nadel reviews The Many Lives of Mama Love: A Memoir of Lying, Stealing, Writing, and Healing by Lara Love Hardin.
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Disarming the Trial Penalty, One Sentencing Guideline at a Time
The “trial penalty” comes into play when defendants who choose to exercise their Sixth Amendment right to trial and reject a plea deal face exponentially higher sentences than defendants who plead out. Are courts starting to recognize the constitutional infirmity of the trial penalty?
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Eleven Tips to Win a Sex Assault Case
Because nearly all individuals charged with felony sex offenses are facing a life sentence in prison, defense attorney John Pineau advises lawyers to treat sex assault charges like a murder trial. He offers 11 tips to help the defense team win – from the advantages of using a focus group to explaining how the lack of evidence can be the best evidence.
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From the President: From Lakes to Lockups: ‘Catch and Release’ in Minneapolis
The phrase “catch and release” is being used in Minneapolis to describe immigration enforcement practices in which Immigration and Customs Enforcement (ICE) or other law enforcement detains people, holds them in jail for a few days without criminal charges, and then releases them into uncertainty. Defense lawyers must resist any scheme in which people’s rights are flagrantly disregarded.
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NACDL News: At the Supreme Court: A Swearing-In Ceremony for NACDL Members
NACDL News for March/April 2026
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NACDL News: Statement on Cannabis Rescheduling Announcement: Time for Full Decriminalization Is Now
NACDL News for March/April 2026
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NACDL News: Supreme Court Unanimously Curbs ‘Punishment Without End’
Restitution Declared a Criminal Penalty, Not a Civil Debt
NACDL News for March/April 2026 -
Parallel Construction: A Defense Attorney’s Guide to Discovering and Challenging
Original Source Evidence in Criminal Investigations
What is parallel construction? How can defense counsel discover if it is involved in a client’s case? Jessica Carmichael explains. -
Perspective: Healing Is Possible
For a long time, DeCedrick Walker thought of himself as damaged goods. Later, he used writing to help handle anger, depression, shame, and personal affronts.
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Pozner on Cross: The Chapter Method as a Trimtab
The Chapter Method of cross-examination provides defense attorneys with a system to digest discovery, outline an opening, draft cross-examination questions, and then close with their best material.
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Sentencing: Amendment 821
Amendment 821, made retroactive by the Sentencing Commission, in part “limits the overall criminal history impact of ‘status points’ (i.e., the additional criminal history points given to defendants for the fact of having committed the instant offense while under a criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status).”