May 2022
Should the criminal defense bar embrace the progressive prosecutor movement?
Articles in this Issue
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‘Did You Hear What I Said?’ Why Demonstrative Evidence Can Affect the Answer
When lawyers use words and phrases that are not accompanied by imagery, they cede the power of their efforts to the individual jurors who may hear the words in different ways. Adding a visual component increases the ability to convey true meaning. Stephen P. Lindsay offers creative ideas that allow defense lawyers to show a juror what they mean, and his ideas will not break the bank.
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Affiliate News
What events are NACDL affiliates hosting this month? Find out here.
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From the President: What Might Reversal of Roe v. Wade Mean for Defenders?
No matter what side of the abortion debate you find yourself, as defenders we must appreciate the fact that reversal of Roe would profoundly impact our capacity to defend clients from arbitrary or excessive government power in three significant ways.
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Getting Scholarship Into Court Project
The “Getting Scholarship Into Court Project” brings helpful law review articles and other writings to the attention of criminal defense attorneys. The project’s purpose is to identify scholarship that will be especially useful to courts and practitioners. Summarized on this page are articles the project’s advisory board recommends that practicing lawyers take the time to read. To recommend articles for this column, contact Professor Jenny Carroll (jcarroll@law.ua.edu).
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Imprisoning Innocence: Material Witness Warrants
Lisa Steele uses a Connecticut Supreme Court case as the springboard for her discussion of material witness warrants, which allow prosecutors to arrest and imprison material witnesses to ensure that they testify at trial. If a material witness will be part of a case, it will happen suddenly, Steele writes, on the eve of trial or during trial. Lawyers need to be aware of the competing interests at stake and ready to protect the client’s rights – whether the client is the defendant or the material witness.
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NACDL News: NACDL Presents Champion of Justice Advocacy Award to Jason Hernandez
NACDL News for May 2022
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Progressive Prosecutors: Pros and Cons – The Benefits of the Progressive Prosecutor Movement
Progressive prosecutors want to reduce the jail and prison population, eliminate disparities, and make the system fairer. Angela J. Davis points to a clear benefit of the movement: Progressive prosecutors do much less harm than traditional law and order prosecutors. What does less harm mean? Shorter prison sentences and fewer people with convictions.
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Progressive Prosecutors: Pros and Cons – The Costs of the Progressive Prosecutor Movement
Progressive prosecutors want to reduce the jail and prison population, eliminate disparities, and make the system fairer. Jonathan Rapping says there is a lack of discussion regarding the damage the progressive prosecutor movement causes. He adds that the movement ignores the role of defense counsel in achieving justice. Is the progressive prosecutor movement here to stay, and is that a good thing?
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Search & Seizure Commentary: Reasonable Suspicion and the Rodriguez Moment
During a traffic stop, a state trooper arranged for a dog sniff of the vehicle. The vehicle contained fentanyl pills and cocaine. Did the trooper have reasonable suspicion to extend the traffic stop to arrange for the dog sniff?
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The NACDL Q&A: The Best Thing Since the Exclusionary Rule: For the Defense
People who listen to the For the Defense podcast hear insights from and stories about the best criminal defense attorneys in the country. Why did David Oscar Markus start the podcast? Who are some of the memorable guests? This podcast serves as a tutorial for all criminal defense attorneys – young or old, state or federal – on what they should emulate in their own cases.