Articles in this Issue

1. 911 Call Analysis: Another Example of Forensic Junk Science

   Proponents of the “911 call analysis” technique claim that law enforcement officers can listen to a 911 homicide call and, using a simple checklist, determine if the person making the call committed the crime or participated in a cover-up. Researchers have not been able to replicate the technique’s use of language-based indicators to detect deception in 911 homicide calls. Does 911 call analysis pass the Daubert or Frye test?

   H. James Norton

2. Affiliate News

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

   Jessica Stepan

3. Avoiding Improper Missing Piece Arguments

   What are puzzle piece arguments? When are they acceptable, and when can they result in reversible error?

   Lisa J. Steele

4. Book Review: Secrets of the Killing State by Corinna Barrett Lain

   This month Jeff Gamso reviews Secrets of the Killing State: The Untold Story of Lethal Injection by Corinna Barrett Lain.

   Jeff Gamso

5. Book Review: The Jailhouse Lawyer by Calvin Duncan and Sophie Cull

   This month Tony Bornstein reviews The Jailhouse Lawyer by Calvin Duncan and Sophie Cull.

   Tony Bornstein

6. Book Review: The Pregnancy Police: Conceiving Crime, Arresting Personhood by Grace Howard

   This month Nina Liss-Schultz and Mridula Raman review The Pregnancy Police: Conceiving Crime, Arresting Personhood by Grace Howard.

   Nina Liss-Schultz and Mridula Raman

7. Capital Cases: A Vexatious President May Be Key to Challenging the Federal Death Penalty

   When the government can sanction a lawyer for the arguments the lawyer makes, it drives a wedge between the lawyer and the client. In the context of the death penalty, this conflict is especially dangerous. What should capital defense lawyers do? Move to bar federal capital prosecutions. A project at Temple University Beasley School of Law developed such a motion with an accompanying memorandum of law.

   Jules Epstein and Lucas F. Partridge

8. From the President: Coercion by Design

   Overcriminalization, ICE Raids, and the Erosion of Trial Rights

   Overcriminalization, the trial penalty, aggressive immigration enforcement, and evolving federal policy reflect a deeper tension within the criminal legal system. Confronting these structural dynamics is central to the work of criminal defense lawyers.

   Andrew S. Birrell

9. Introducing the NACDL Criminal Case Tracker

   The Criminal 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.

   NACDL

10. Jury Investigation on the Internet and Social Media

    Why should counsel conduct a jury investigation? What are the three types of social media searches? What are the risks and challenges?

    Sebastian DeSantis

11. NACDL News: Comments on DOJ Proposal to Shield Its Own Attorneys from Independent Bar Oversight

    NACDL News for May 2026

    Jessie Diamond and Jonathan Hutson

12. NACDL News: NACDL Denounces Federal Assault on Transgender Rights

    Board Resolution Confronts New Prison Policies as Source of Cruelty and Institutional Chaos

    NACDL News for May 2026

    Jessie Diamond and Jonathan Hutson

13. NACDL News: NACDL Launches National ‘Criminal Case Tracker’

    as Federal Grand Juries and Trial Juries Rebel Against Prosecutorial Overreach

    NACDL News for May 2026

    Jessie Diamond and Jonathan Hutson

14. NACDL News: Three Honored at NACDL’s Midwinter Board Meeting in New Orleans

    NACDL News for May 2026

    Jessie Diamond and Jonathan Hutson

15. Overdose Is Not Murder: Defending Fentanyl Death Cases in the Age of Panic

    Prosecutors have responded to fentanyl-related overdose cases by charging murder where there is tragedy, treating shared use as intentional delivery, and stacking sentencing enhancements. Jurors have likely already heard that “two grains of fentanyl can kill” and that police officers are collapsing from mere exposure to it. These stories are not grounded in pharmacology or fact. The defense team must dismantle the misconceptions.

    Angelica Cogliano

16. Pozner on Cross: Lessons Learned: Volume 2

    Larry Pozner shares some astute observations based on his years of practice.

    Larry Pozner

17. Practice Points: Illustrative Aids v. Summary Exhibits

    The Addition of Rule 107 to the Federal Rules of Evidence

    In December 2024, FRE 1006 was amended to clarify that it applies only to summaries, charts, or calculations of voluminous material that constitute substantive evidence and does not apply to “illustrative aids.” In addition, a new rule – Rule 107 – was added to define what constitutes an “illustrative aid” and outline how illustrative aids may be used at trial and during jury deliberations.

    Marci G. LaBranche and Jamie Hubbard

18. Reviews in Review

    Reviews in Review for May 2026

    Ellen S. Podgor

19. Verbatim: From Wrongful Conviction to Protecting the Bill of Rights

    Calvin Duncan was wrongfully convicted, but now he is protecting the Bill of Rights.

    Calvin Duncan