January/February 2013
Learn how to conduct a 30-minute voir dire and how to strengthen your Fourth Amendment arguments after the decision in United States v Jones.
Articles in this Issue
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Affiliate News
NACDL CLE & Events Schedule
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Book Reviews: The Hunt for KSM: Inside the Pursuit and Takedown Of the Real 9/11 Mastermind, Khalid
Book Reviews: The Hunt for KSM: Inside the Pursuit and Takedown Of the Real 9/11 Mastermind, Khalid Sheikh Mohammed Ashley C. Richardson Book Reviews January/February 2013 57 The Hunt for KSM: Inside the Pursuit and Takedown Of the Real 9/11 Mastermind, Khalid Sheikh Mohammed By Terry McDermott and Josh Meyer
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Book Reviews: Two Books Offer View of High Court
Book Reviews: Two Books Offer View of High Court John Wesley Hall Book Reviews January/February 2013 58 The Partisan: The Life of William Rehnquist By John A. Jenkins Public Affairs (2012) The Oath: The Obama White House and the Supreme Court By Jeffrey Toobin Doubleday (2012) T
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Digital Age & Practice
Digital Age & Practice Kristina W. Supler January/February 2013 55 iAnnotate: Efficient, Easy to Use Paper can be a defense attorney’s best friend and worst enemy. In even the most routine cases, a defense attorney can quickly accumulate hundreds of pages of documents. Similarly, when work
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DWI: The Basics of Field Sobriety Testing and The Rules of Evidence
“Walk the line.” Everyone knows that when people hear those words, they’re being tested to see if they’re drunk. DUI defense lawyers often hear clients say, “I couldn’t do that if I was sober!” Although lawyers hope that they didn’t phrase it in quite those terms to the arresting officer, the point is well-taken. The now ubiquitous standardized field sobriety tests are unscientific, unfair, and misunderstood. However, if they are unchallenged, they have tremendous persuasive effect on the court and the jury.
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From the President: The Tireless Fight
The legal profession requires zealous advocacy. Defendants expect their lawyers to fight for them.
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Inside NACDL: The Droning of America: Here, There, and Everywhere
Dozens of public and private entities – including police departments and small towns – have received authorization to fly drones domestically. Drones can do a lot more than take pictures. They can be outfitted with thermal devices, license plate readers, and laser radar. There is a need for legislation to protect the privacy rights of people.
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Litigating the Fourth Amendment After Jones
In United States v. Jones, a unanimous Supreme Court held that government agents could not attach a GPS device to a criminal suspect’s vehicle and monitor its movements without a warrant. This was a clear victory for privacy and the Fourth Amendment, but as guidance for lower courts and litigators, it is pretty unclear. The Court was divided over rationale.
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NACDL News: Groundbreaking Report Offers Solutions to America’s Indigent Defense Crisis
NACDL News: Groundbreaking Report Offers Solutions to America’s Indigent Defense Crisis Ivan J. Dominguez NACDL News January/February 2013 12 NACDL and the ABA’s Standing Committee on Legal Aid & Indigent Defendants (ABA/SCLAID) recently released National Indigent Defense Reform: The Solution i
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NACDL News: Lowell Receives White Collar Award
Defense attorney Abbe David Lowell (Chadbourne & Parke LLP) received the 2013 White Collar Criminal Defense Award from NACDL and Stetson Law
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NACDL News: NACDL Launching Member Community Platform
NACDL News: NACDL Launching Member Community Platform Ivan J. Dominguez NACDL News January/February 2013 12 NACDL is preparing to launch NACDL Connect , a new, state-of-the-art platform for its listserves and member communities. The listserves are currently based on the Lyris Listmanager platfor
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NACDL News: NACDL Sponsors Supreme Court Group Admissions Ceremony
Several NACDL members traveled to Washington, D.C., and were sworn in to the Bar of the Supreme Court of the United States.
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NACDL News: President Obama Signs Bill to Maintain Status Quo at Guantánamo
NACDL News: President Obama Signs Bill to Maintain Status Quo at Guantánamo Ivan J. Dominguez NACDL News January/February 2013 13 On Jan. 3, 2013, NACDL issued a statement expressing its deep disappointment that despite his administration’s stated commitment to close the Guantánamo detention facili
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NACDL Presents The Criminal Docket
The purpose of the "Getting Scholarship Into Court Project" is to identify law review articles and other writings that might be especially useful to courts and practitioners. Summaries of the articles will appear in The Champion on a regular basis.
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Nation’s Criminal Defense Bar Remembers NACDL Past President Murray J. Janus
Nation’s Criminal Defense Bar Remembers NACDL Past President Murray J. Janus Ivan J. Dominguez January/February 2013 14 Murray J. Janus, a Richmond, Va., attorney and past president (1981-82) and Life Member of NACDL, passed away on Jan. 26, 2013. Janus was also a former president of the Richmond
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The Good, the Bad, and The Ugly of an Effective 30-Minute Voir Dire In a Criminal Case
Often, the process of jury selection is akin to making sausage — the process is ugly but the finished product is a thing of beauty. Witness a recent aggravated assault with a deadly weapon prosecution: An argument in a bar escalated into a serious confrontation involving deadly weapons outside. A jury was left to sort out criminal culpability or lack thereof.
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When the Fine Print Matters
Reviewing Mental Health Assessment And Testing-Related Literature and Test Manuals Is a Key to Effectively Preparing And Examining Mental Health Experts