Articles in this Issue

1. Book Review: Not a Crime to Be Poor by Peter Edelman

   This month Patrick J. Boylan reviews Not a Crime to Be Poor: The Criminalization of Poverty in America by Peter Edelman.

   Patrick J. Boylan

2. Constructive Amendment of an Indictment at Trial

   An indictment must inform a defendant of the charge that he must defend. A jury instruction that digresses from the elements of the charged statute constructively amends the indictment. Such constructive amendment violates the Fifth Amendment’s grand jury clause. Defense counsel must scrutinize the jury instructions and object to any deviations.

   John S. McLindon

3. From the President: Turning the Page on 2020

   Even though it was challenging in several ways, 2020 was a surprisingly strong year for NACDL.

   Chris Adams

4. Guilty Until Proven Guilty: The Prosecution of Public Corruption and White Collar Crime

   The Bridgegate Scandal, as Kelly v. United States grew to be called, spawned from political power, greed and revenge, and resulted in the deterioration of public trust. The actions of the defendants, however, were not criminal.

   Sami Azhari and Sergio Lopez

5. Inside NACDL: Second Looks and Second Chances: Now Is the Time

   In December 2020, NACDL released model legislation and an accompanying report discussing “second look” legislation. The proposed legislation is a fully developed draft bill for consideration by the states.

   Norman L. Reimer

6. Life After Wrongful Incarceration

   Resources, Rules and Moral Responsibility: The Role of the Attorney Post-Release

   After individuals have been exonerated for crimes they did not commit, few states provide them with immediate support services to aid their transition upon release. “When you walk out it’s basically sink or swim,” said one exoneree who was in prison for 17 years. “I was on my own to figure it out.”

   Sonya Pfeiffer

7. NACDL News: PA Attorney Theodore “Ted” Simon Receives Prestigious 2020 Heeney Award from NACDL

   NACDL News for December 2020

   Ivan J. Dominguez, Kate Holden, and Madeline K. Sklar

8. On a Close Reid: Using the Reid Method to Suppress Confessions

   In the latest editions of its interrogation manual, Reid and Associates adopted several positions that align with the views of its critics. In a nutshell, Reid and Associates directly or indirectly endorsed many measures that could help prevent false confessions. Defense attorneys seeking to suppress confessions can strengthen their arguments by noting when law enforcement officers ignore any of the recommendations in the Reid manual.

   Alan Hirsch

9. Perspective: The Politics of Lame Ducks and Death

   With a new administration taking office and congressional calls for abolition, society will again ask itself whether there is a place for the death penalty consistent with our values. There is not.

   Randolph Fiedler

10. State Criminal Justice Network Legislative Update: 2020 State Legislative Victories Summary

    Monica L. Reid and Nora Zimmerman highlight 2020 victories in state legislatures.

    Monica L. Reid and Nora Zimmerman