Read about the fight to exclude social media evidence. Find out what mistakes crime scene investigators make when recovering human skeletal remains.
Articles in this Issue
What events are NACDL affiliates hosting this month? Find out here.
Book Review: Helena Star by Stewart Riley
This month Michael G. Martin reviews Helena Star: An Epic Adventure Through the Murky Underworld of International Drug Smuggling by Stewart Riley.
Book Review: No Human Is Illegal by J.J. Mulligan Sepúlveda
This month Eva Grenier reviews No Human Is Illegal: An Attorney on the Front Lines of the Immigration War by J.J. Mulligan Sepúlveda.
Choosing a Competent Forensic Mental Health Expert: A Guide for Legal Practitioners
The authors provide attorneys with guidance when selecting and consulting forensic mental health experts.
Criminal Procedure: The Due Process Protection Act: How Rule 5(f) Came to Be
and Where Do We Go from Here?
Rule 5(f)(1) requires judges to inform prosecutors of their obligation to produce exculpatory information and provides that courts may hold prosecutors accountable if they do not comply with a Brady order. Rule 5(f)(2) requires that each circuit council promulgate a Model Order that a district court “may use as it determines is appropriate.”
Cross Country: Charting Inconsistencies in Multiple Statements
When a witness gives multiple statements, defense lawyers need a preparation system that efficiently detects many forms of inconsistency.
From the President: Jamming Mobile Phones of Prisoners: Beware the ‘Law & Order Boys’
Law enforcement officers have renewed their demand that Congress alter the law to allow states to jam phone signals of contraband cellphones in prisons.
Inside NACDL: Reflections on a Year of Challenge
Not many people could have imagined that the U.S. Capitol would come under assault. No one thought 500,000 people would die from the coronavirus. Yet there is real hope.
The Use of ‘Ultra-Particularity’ to Invoke Qualified Immunity
A Substantial Threat to Civil Rights Claims and a Potentially Fatal Blow to Eighth Amendment Claims
The author discusses “ultra-particularity” – a clever tool used to invoke qualified immunity and shield officers and jailers from liability. The article explores Supreme Court and circuit court opinions, and what it takes to prevail on a claim outside of the more commonplace excessive force claims.
Trying to Stem the Tide: Closing the Door on Social Media Evidence
Although the prosecution often uses social media evidence to show “intent” for all manner of human conduct, the legal challenges to social media evidence are growing in strength.
When CSI Gets It Wrong: Recovering Human Skeletal Remains
What are some common mistakes made by crime scene investigators during the recovery of human skeletal remains?