December 2019
Which ethics rules should an attorney consider before sharing a client’s story on social media websites?
Articles in this Issue
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Affiliate News
What events are NACDL affiliates hosting this month? Find out here.
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Applying the Per Se Rule in Criminal Antitrust Cases Contravenes the Constitution and Sherman Act
In antitrust cases, the per se rule prohibits inquiry into the reasonableness of defendants’ conduct when particular types of antitrust violations are at issue – for example, price fixing or bid rigging. In a criminal antitrust case, however, is this presumption of unreasonableness – of illegality – consistent with the Fifth and Sixth Amendments? Is it consistent with the text of the Sherman Act? NACDL, as amicus curiae, offered the Supreme Court an answer to these questions. That answer is no.
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Book Review: Disrupt, Discredit, and Divide by Mike German
This month Wendy Lee reviews Disrupt, Discredit, and Divide: How the New FBI Damages Democracy by Mike German.
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Book Review: No Justice by Robbie Tolan and Lawrence Ross
This month Dionne R. Gonder-Stanley reviews No Justice: One White Police Officer, One Black Family, and How One Bullet Ripped Us Apart by Robbie Tolan and Lawrence Ross.
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Cross Country: Techniques for Impeachment by Prior Inconsistent Statement
The Mistaken Witness vs. the Lying Witness
A lawyer impeaches with a prior inconsistent statement for one of two reasons, and the reason drives the techniques the lawyer employs.
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Digital Age & Practice: Practical and Tactical Workflow for Cross-Examination
While many attorneys feel comfortable using technology within the comfort of their offices, using technology to cross-examine a witness at trial may inspire fear and confusion. This need not be the case.
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From The President: A Plea for Brady — A Case for Brady Material in the Plea Bargaining Process
To what extent, if any, does Brady apply in the plea bargaining process?
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Lost in Translation at Trial: Avoiding Issues Arising from the Use of Interpreters
and Faulty Translations During Court Proceedings
There is a growing demand for courtroom interpretation and a shortage of qualified interpreters. Making sure that an individual’s defense does not get lost in translation requires understanding the regulatory framework in which courtroom interpretation occurs, anticipating common problems that arise from the presence of foreign language witnesses and evidence, and developing a record when a judge adopts a questionable procedure. Defense attorney Gabriel Reyes provides some practical considerations for trial counsel.
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NACDL News: NACDL Commends California Gov. Newsom and the California Legislature for Banning
Facial Recognition Technology on Police-Worn Body Cameras
NACDL News for December 2019.
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NACDL News: Nina Ginsberg Testifies Before DC Council
NACDL News for December 2019.
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NACDL News: President Trump Signs Executive Order Directing the Establishment of a Commission
on Law Enforcement and the Administration of Justice, Altogether Omits Bipartisan Criminal Justice Reform
NACDL News for December 2019.
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NACDL News: U.S. Sen. Doug Jones Delivers Keynote Address at White Collar Seminar
NACDL News for December 2019.
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NACDL News: Viviana Sejas Receives Executive Director’s Award
NACDL News for December 2019.
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Please Tweet Responsibly: The Social and Professional Ethics of Public Defenders
Using Client Information in Social Media Advocacy
Some criminal defense attorneys use social media platforms, such as Twitter, to provide insight and commentary about the legal system. While this can be an effective approach, attorneys should consider the ethics rules before posting on social media. Professor Nicole Smith Futrell discusses the key ethical considerations, and she offers guidance to defenders on how to responsibly draw from their specialized knowledge and the experiences of their clients in order to expose systemic injustice.
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Theater and Film Techniques, Persuasion and Courtroom Choreography
Defense attorneys should find an emotional center and connection in the material that allows them to believe in everything they say in front of a jury. While attorneys should not “act” in the courtroom, their courtroom presentations can be enhanced through the use of stage and film techniques. Keith Belzer discusses, among other things, “claiming the space” in front of the jury and using spatial dynamics to demonstrate the time, space, and relationships involved in the defendant’s case.