June 2023
What challenges face a lawyer representing someone seeking release after imprisonment for committing a sex crime? How does defense counsel argue for a split sentence in a white collar case?
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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Book Review: God’s Ponzi by Robert Buschel
This month Jon May reviews God’s Ponzi by Robert Buschel.
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Book Review: Still Doing Life by Howard Zehr and Barb Toews
This month Matthew T. Mangino reviews Still Doing Life: 22 Lifers, 25 Years Later by Howard Zehr and Barb Toews.
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Book Review: Tortured Justice by Richard Kammen
This month Greg Bowes reviews Tortured Justice: Guantanamo Bay by Richard Kammen.
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From the President: When You Practice What You Preach and What You Preach Is Racism
News outlets reported that an overtly racist, and seemingly illegal, written policy to punish Hispanic defendants more harshly than non-Hispanic defendants existed in Jefferson County, Florida.
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In Memoriam: NACDL Remembers Past President Gerald S. Gold
James R. Willis reflects on the influence of NACDL Past President Gerald S. Gold.
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Litigating Domestic Violence Cases: Accurate, Reliable Research Can Make a Difference
When representing men accused of domestic violence, do lawyers consider hiring an expert for the defense? The authors note that experts can help attorneys and jurors better understand the role of stereotypes and how they play a significant role in domestic violence cases. Despite recent research finding that domestic violence is not necessarily a crime against women, the traditional ways of thinking about domestic violence continue to inform how cases are prosecuted.
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NACDL News: Calling for Commitment to Right to Counsel in Guam and All US States and Territories
NACDL News for June 2023
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NACDL News: NACDL Sponsors Supreme Court Group Admissions Ceremony
NACDL News for June 2023
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NACDL News: NACDL Urges Caution in Wake of New York Indictment of Former President Trump
NACDL News for June 2023
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Practice Points: A Primer on Gag Orders: Practice and Procedure
Courts may impose gag orders in high-profile cases and other situations in which widespread public interest exists in the crime and the ensuing criminal trial. What are the competing constitutional interests that may be at issue when a court considers imposing a gag order? The authors discuss the basic mechanics of gag orders, such as who can request them, the type of information that can be restricted, and against whom gag orders can be imposed.
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The Importance of Arguing for a ‘Split’ Sentence for White Collar Offenders
Facing Sentencing Guidelines Above Zone C
How can defense counsel utilize a provision within the Criminal Code, implemented by the Sentencing Guidelines, that allows for a split sentence in Zone D cases through the post-imprisonment condition of supervised release? Joseph A. DeMaria and Marissa Koblitz Kingman explain how to argue for the Zone D split sentence.
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The Modified Romberg Balance Test and Medical Journals
A medical study noted that if performed in the correct setting by a trained medical professional, there are no known complications for the Romberg balance test. Police officers are not trained medical professionals, and sobriety tests administered on the side of the road usually take place in the dark and with external factors such as wind and blasts of air from passing vehicles. Steven Oberman and Robert Reiff explain why they are not fans of the Romberg field sobriety exercise.
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The NACDL Q&A: Arguing for a Return to the Community
What challenges face a defense attorney in a case involving a sex offense? What is the public’s perception of someone who, after serving time for a sex crime, is ready to return to the community? Richard Jones, a defense attorney in Wisconsin, discusses these questions with Quintin Chatman, editor of The Champion. Jones talks about the difficulties and the hurdles involved in sex offender cases, and he reveals his three primary goals for each client.