August 2022

August 2022 Cover

When the prosecution produces a map to tie a defendant’s cellphone to a location, what should the defense team look for when analyzing the map?

 

Articles in this Issue

  1. ‘Property’ Fraud in the Intangible Age

    Federal statutes should provide a person of ordinary intelligence fair notice of what is prohibited, but the term “property” is undefined by the federal fraud statutes. The internet, untethered digital currency, and the metaverse are raising questions about the traditional understandings of things and possessions. Legislators need to provide greater clarity about how older statutes apply to newer concepts.

  2. Affiliate News

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

  3. Book Review: Defending a Serial Killer by Jim Potts

    This month James W. Carroll Jr. reviews Defending a Serial Killer: The Right to Counsel by Jim Potts.

  4. Book Review: Outlaw Women by Susan Dewey, et al

    This month Laura Reed reviews Outlaw Women: Prison, Rural Violence, and Poverty in the American West by Susan Dewey.

  5. Clean Hands and Dirty Money

    Protecting Against Tainted Attorney Fees, Forfeiture, and the Risks of Emerging Currencies

    A source of potential conflict in the attorney-client relationship involves the setting and collecting of fees. How should attorneys proceed when they suspect that a client is going to pay with money that is tainted or otherwise problematic? What should a lawyer do if the potential client offers to pay in Bitcoin, Ethereum, or Dogecoin? This article canvasses and compiles this guidance and offers a set of best practices.

  6. From the President: Transparency and Accountability in Policing

    The criminal defense community is uniquely positioned to lead the reform efforts around law enforcement accountability and misconduct. 

  7. Pozner on Cross: Why a Duck?

    A witness seeking to evade will often answer with more than “I don’t know” because “I don’t know” implies “I am a bad witness.” Instead, the witness will often try to duck by inserting a reason he or she is not responsible for knowing the answers in that area.

  8. Pretty Maps and Plea Bargains: Cellular Records Analysis in Criminal Defense Cases

    Cellphone companies keep records of activity on their networks, including the calls, texts, data, and cell sites used for each call. Was the cellphone associated with the defendant in the area when the crime was committed? Knowing where the defendant was at a particular time is an essential piece of evidence that can paint a picture of innocence. When the prosecution produces a map to tie a cellphone to a location, what should the defense team look for when analyzing the map?

  9. The Busy Lawyer’s Guide to Excluding Prosecution Expert Evidence

    Expert evidence is frequently exploited by prosecutors keen on securing a conviction regardless of the reliability of the expert or the expert’s methodology. Nowhere is this more prevalent than in forensic science. To combat this pervasive problem, defense lawyers need to have a thorough understanding of Federal Rule of Evidence 702 and companion rules. Rene L. Valladares and Hannah Nelson discuss the rules, summarize cases favorable to the defense, and provide useful checklists.