July 2012
When recorded evidence is involved in undercover cases, it is important for the jury to understand that there is no such thing as a spontaneous undercover conversation? Can the use of short breaks during closing argument help jurors retain more defense-oriented information?
Articles in this Issue
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9/11 Trial Underway at Guantánamo Bay (Military Commissions Perspective)
A key component of fairness is to ensure that the defense is provided with the resources it needs to zealously represent the individuals being held at Guantánamo Bay.
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A Compendium of Law Relating to the Electronic Recording of Custodial Interrogations
Chicago lawyer Thomas Sullivan has created a summary of the law and practice of state and local governments and federal agencies in making electronic recordings of custodial interrogations. In the years Sullivan has been studying this issue, he has never encountered a police officer in a department that records interrogations who, given the option, would return to making handwritten notes during interviews. For jurors to see as well as hear the events surrounding an alleged confession or incriminating statement is a forward step in the search for the truth.
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Affiliate News
Affiliate News Gerald Lippert Affiliate News July 2012 13 The 2012 Affiliate election was held after seeking nominations from all affiliated organizations. Ellen C. Brotman of Montgomery McCracken in Philadelphia, Pa., and Aric Cramer of Cramer Cramer, LLC in St. George, Utah, will fill the vacan
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Book Reviews: Figures of Speech: First Amendment Heroes and Villains
Book Reviews: Figures of Speech: First Amendment Heroes and Villains Zachary Margulis-Ohnuman Book Reviews July 2012 57 Figures of Speech: First Amendment Heroes and Villains By William Bennett Turner Berrett-Koehler Publishers (2011) Figures of Speech: First Amendment Heroes and Villains
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Book Reviews: Law Man My Story of Robbing Banks, Winning Supreme Court Cases, And Finding Redemption
Book Reviews: Law Man My Story of Robbing Banks, Winning Supreme Court Cases, And Finding Redemption John Wesley Hall Book Reviews July 2012 59 Law Man My Story of Robbing Banks, Winning Supreme Court Cases, And Finding Redemption By Shon Hopwood with Dennis Burke Crown Publishers (2012) “
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Book Reviews: The Seven Deadly Sins Of Legal Writing
Book Reviews: The Seven Deadly Sins Of Legal Writing Denise Tugade Book Reviews July 2012 57 Theodore L. Blumberg Owlworks-Archangul (2008) Theodore Blumberg’s treatise on the blunders of prose in the legal profession is clear, conversational, and concise. In a mere 31 pages, Blumberg boils dow
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Book Reviews: The Sleepy Lagoon Murder Case Race Discrimination and Mexican-American Rights
Book Reviews: The Sleepy Lagoon Murder Case Race Discrimination and Mexican-American Rights Rachel Brill Book Reviews July 2012 58 The Sleepy Lagoon Murder Case Race Discrimination and Mexican-American Rights By Mark A. Weitz University Press of Kansas (2010) The Sleepy Lagoon Murder Case
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Defenders Tucker and Town Make a Difference on the Front Line (Gideon’s Champions)
Antoinette Tucker and Autumn Town are public defenders who make a difference in the lives of their clients.
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Law Student Essay Competition
NACDL’s Diversity Task Force sponsored a law student essay contest. The task force asked students to discuss voter ID laws and whether these laws are being used to disenfranchise citizens from exercising their right to vote.
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NACDL News: New Attack on Counsel at GTMO
NACDL News: New Attack on Counsel at GTMO Jack King NACDL News July 2012 12 In yet another attack on attorney-client relationships at Guantánamo Bay, the Justice Department now takes the position that Guantánamo detainees whose habeas corpus cases have been terminated no longer have the right of
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NACDL News: New Book by Federal Judge Frederic Block
NACDL News: New Book by Federal Judge Frederic Block Ivan J. Dominguez NACDL News July 2012 12 On July 17, the National Association of Criminal Defense Lawyers’ NACDL Press and Thomson Reuters Westlaw announced the release of the first book of their joint publishing venture. The book is Disrobed:
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Professionalism When a Criminal Client Changes Lawyers (Practice Points)
Chuck Strain offers practical advice for successor counsel hired when a client decides to leave his original lawyer. Phone the original lawyer immediately – even before signing on with the client. Be sensitive to the original lawyer’s feelings, and ask for counsel’s insight about the case and client. Perform all the legwork involved in the transition, and offer to pick up or copy useful parts of the file. Explain to the client that the original lawyer remains counsel of record – with all attendant duties to the client and the court undiminished – until the substitution entry is signed.
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Roundtable Discussion Raises FCPA Concerns (White Collar Crime Policy)
NACDL participated in an April 2012 roundtable discussion with government officials about the inconsistent manner in which the government enforces the Foreign Corrupt Practices Act.
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Time out for Summation: The Use of Timed Breaks In Summation for Greater Juror Retention
The popularity of social media and new technologies has created a modern juror with a limited attention span. Sometimes lawyers are too eager to launch into their narratives; they forget to stop after key points in order to let each juror absorb the words. According to the authors, the use of short breaks during closing argument will help jurors retain more defense-oriented information. Support for this idea comes not only from scientific principles, but also from courtroom practices that highlight nuances in the criminal defense lawyer’s technique to grab hold of a juror’s mind.
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Uncovering Defenses in Undercover Recordings
When recorded evidence is involved in undercover cases, the defense is on a more even playing field as soon as the jury understands there is no such thing as a spontaneous undercover conversation. Every conversational exchange must be analyzed as part of a progression of planned transitions initiated by the undercover agents. All discovery that conveys the states of mind of agents, informants, and the client – whether found on a recording or not – is material.
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Young Talent Advances NACDL’s Mission and Prepares for the Future (Inside NACDL)
The executive director profiles the 2012 law clerks, interns, and minority fellows.