Washington, DC (May 3, 2012) – On Saturday, May 5, five Guantanamo detainees accused of masterminding the 9/11 attacks on New York and Washington will be arraigned for a second time before a military commission at Guantanamo Bay, Cuba.
“This is a new beginning for America’s recurring nightmare, I am sad to say,” said Lisa M. Wayne, president of the National Association of Criminal Defense Lawyers.
Contrary to federal civilian practice, pleas of guilty or not guilty are not traditionally entered at a military commission arraignment; however, this is Guantanamo and anything can happen, NACDL’s National Security Counsel Mason Clutter wrote in an email from Andrews Air Force Base this morning as she was waiting to depart for Guantanamo to attend the hearing. NACDL is recognized by the Office of Military Commissions as a nongovernmental organization (NGO) human rights observer.
In April, the Convening Authority in charge of the military commissions, retired Vice Admiral Bruce MacDonald, recommended that Khalid Sheik Mohammed and four co-defendants face the death penalty if convicted.
NACDL maintains its position that the Guantanamo military commissions are inherently unfair and irreparably flawed. Evidence presented in any death penalty proceeding must be of the highest reliability. The system falls far short of bedrock American principles of fairness and due process. The commissions’ rules interfere with a defendant’s right to confront witnesses against him and still permit the government to introduce evidence derived from the use of “enhanced interrogation techniques,” albeit not statements made by the defendant himself. NACDL has also criticized rules promulgated by the base commander earlier this year which infringe upon the right to counsel by impeding confidential attorney-client communications.
“The commission system is a dead end for justice and the rule of law,” Wayne said.
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
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Jack King, Director of Public Affairs & Communications, (202) 465-7628 or email@example.com.
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.