September-October 2022

September-October 2022 Cover

What can a sentencing mitigation video do that a client’s allocution cannot do? It can help achieve a downward departure from the sentencing guidelines and is more effective at humanizing the client than words on a page.


Articles in this Issue

  1. Affiliate News

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

    Jessica Stepan

  2. Book Review: Junk Science and the American Criminal Justice System by M. Chris Fabricant

    This month Gil Sapir reviews Junk Science and the American Criminal Justice System by M. Chris Fabricant.

    Gil Sapir

  3. Book Review: Redeeming Justice by Jarrett Adams

    This month Jeff Gamso reviews Redeeming Justice: From Defendant to Defender, My Fight for Equity on Both Sides of a Broken System by Jarrett Adams.

    Jeff Gamso

  4. Lessons Learned From the Government’s Dismissal of a 93-Count Superseding Indictment

    Against a Company and Dozens of Individuals

    The Story of United States v. Rocket Learning, LLC

    A post-indictment dismissal is rare. The authors walk readers through United States v. Rocket Learning, pointing out that the government’s retreat in the fraudulent billing case was bittersweet because a profitable business is defunct, and dozens of employees are still picking up the pieces of their lives.

    Justin C. Danilewitz and Juan-Ramon Acevedo

  5. NACDL News: Baylor Law Honors NACDL President-Elect Michael Heiskell with Lawyer of the Year Award

    NACDL News for September-October 2022

    Jessie Diamond and Kate Holden

  6. NACDL News: Lawsuit Against WI for Extreme, Unconstitutional Delays in Indigent Representation

    NACDL News for September-October 2022

    Jessie Diamond and Kate Holden

  7. Pozner on Cross: You Don’t Understand This Question

    What are negative questions? How can they cause confusion?

    Larry Pozner

  8. Practice Points: Telling a Story in a Mitigation Video

    A sentencing mitigation video should be short (approximately 10 minutes) and should show the judge that the client is more than what the sentencing report says. Are there potential drawbacks? Yes. But the rewards are greater.

    Katrina Daniel

  9. The Trump Appointees and the Federal-State Balance in the Prosecution of Crime

    Four new Justices have joined the Supreme Court in just five years. The new Court has made clear its willingness to reexamine precedent. It is uncertain what the change in the Court’s composition portends for federal criminal law, but the government may face a more skeptical audience.

    Paul Mogin

  10. Twenty-First Century Jencks Material Needs an Updated Act

    The Jencks Act allows the prosecution to withhold witness statements until after the witness testifies on direct examination. The timing of production and the procedural mechanisms provided by the Jencks Act are outdated, Daniel Gelb writes, particularly when a witness’s previously recorded statement references material in social media messages and text messages.

    Daniel K. Gelb

  11. White Collar Crime Policy: Federal Restitution Law: What to Watch For and What to Avoid

    Cases that end in conviction are often accompanied by an order of restitution. A restitution order can be a burden on a person for years even after a prison sentence has been served and a term of probation has been completed. Practitioners should pay attention to several key issues in order to zealously advocate for their clients – even after conviction and sentencing.

    Nathan Pysno