March 2012
Find out how forensic computer examiners help the defense how defenders can survive tough times and how the UK Bribery Act of 2010 differs from the Foreign Corrupt Practices Act.
Articles in this Issue
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2012 Council of Affiliates Election: Request for Nominations (Affiliate News)
2012 Council of Affiliates Election: Request for Nominations (Affiliate News)
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Book Review: Elbert Parr Tuttle - Chief Justice of the Civil Rights Revolution
Elbert Parr Tuttle: Chief Justice of the Civil Rights Revolution, By Anne Emanuel, University of Georgia Press (2011), Reviewed by Henry W. Asbill
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Book Review: In Defense of Women - Memoirs of an Unrepentant Advocate
In Defense of Women: Memoirs of an Unrepentant Advocate, By Nancy Gertner, Beacon Press (2011), Reviewed by Dick Barbuto -
Book Review: My Lie - A True Story of False Memory
My Lie: A True Story of False Memory,By Meredith Maran, Jossey-Bass (2010), Reviewed by John D. Lueck
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Defense Bar Supports Military Defense Counsel in Opposing JTF-GTMO Order to Violate Attorney-Client
Defense Bar Supports Military Defense Counsel in Opposing JTF-GTMO Order to Violate Attorney-Client Privilege (NACDL News)
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Eight Amazing Tips For Defenders’ Survival In Tough Times
All defenders experience days in which they find themselves sunk to the farthest depths of despair. These feelings can be brought on by heavy caseloads, demanding clients, and predatory prosecutors. Penelope Strong offers practical and inspirational assistance for making it through the tough days .While acknowledging that the defense is sometimes up against nearly impossible odds, Strong reminds practitioners to savor the unbelievably satisfying moments when they arise.
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Electronic Data Discovery Prerequisites
Forensic computer examiners glean information from computers to assist attorneys in arguing their cases. The forensic computer examiner's greatest challenge is having the proper information that will expose the flaws in the opposition's case. The police and the prosecution make mistakes, and thus defense attorneys should always consider challenging the evidence. Errors in the investigative process might include inaccurate chain of custoody resports, failure to consider exculpatory evidence, and failure to vailidate the results from forensic, software. Obtaining the proper discovery for the forensiccomputer examiner is critical tofinding the smoking gun.
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Former CIA Officer Accused Of Disclosing Classified Information Regarding Guantánamo Detainees (NACD
Former CIA Officer Accused Of Disclosing Classified Information Regarding Guantánamo Detainees (NACDL News)
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Informal Opinion: Why the NDAA Will Substantially Reduce, If Not Eliminate Altogether, International
Many people have ventured an interpretation of the National Defense Authorization Act (NDAA) – or thrown up their hands, protesting that the Act’s vague and confusing terminology defies a straightforward or universal construction. However, what matters is not the standard or reasonable interpretation of the NDAA, or that which is constitutionally or statutorily defensible. What matters is the most extreme incarnation, since that is where anti-terrorism measures inexorably lead.
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Inside NACDL: Discovery Reform: The Time for Action Is at Hand
In March 2012, Sen. Lisa Murkowski introduced a bill in Congress called the Fairness in Disclosure of Evidence Act of 2012. The bill would codify the duty of the government to promptly disclose evidence that is favorable to the defense. If passed, this legislation may provide strong impetus to a discovery reform effort on the state level.
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Maryland High Court Affirms Right to Public Defender at Bail Hearings Statewide (NACDL News)
Maryland High Court Affirms Right to Public Defender at Bail Hearings Statewide (NACDL News)
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Morton Case Shows Need for Discovery Reform (NACDL News)
Morton Case Shows Need for Discovery Reform (NACDL News)
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No Need for a Booker Fix (From the President)
There is no need to return to the mandatory federal sentencing regime that the U.S. Supreme Court held unconstitutional in United States v. Booker. The shift to advisory guidelines following Booker has resulted in a more reasonable federal sentencing system.
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Supreme Court Breathes Life Into Fourth Amendment (NACDL News)
Supreme Court Breathes Life Into Fourth Amendment (NACDL News)
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The Alleged U.S.S. Cole Bomber (Military Commissions Update)
The Alleged U.S.S. Cole Bomber (Military Commissions Update)
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The New British Invasion: Will the UK Bribery Act of 2010 Eclipse the FCPA?
The Foreign Corrupt Practices Act outlaws bribes to obtain business from foreign governments, and it only targets the person or company paying the bribe. The U.K. Bribery Act of 2010 attacks corruption in a different way. The U.K. law (1) is not limited to acts of corrupting foreign governments, but applies to commercial bribery as well; (2) subjects persons receiving the bribe to prosecution; (3) criminalizes an organization's failure to prevent bribery; and (4) applies to conduct occurring anywhere in the world, even if unconnected to the United Kingdom. The result is that foreign laws now subject U.S. citizens to prosecution in foreign lands for conduct that has the most tenuous relationship to the foreign venue.
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Where Procedure Meets Substance: Making the Most of the Need for Adequate Explanation
In Federal Sentencing
Some may believe that challenging a district court's sentencing procedure on appeal is not likely to result in better outcomes because the court will simply do a better job on remand addressing arguments and explaining its decision, but still impose the same sentence. But this is not so.