Articles in this Issue

1. Affiliate News

   What events are NACDL affiliates hosting this month? Find out here.

   Gerald Lippert

2. Book Review: Let the Lord Sort Them by Maurice Chammah

   This month Susan Elizabeth Reese reviews Let the Lord Sort Them: The Rise and Fall of the Death Penalty by Maurice Chammah.

   Susan Elizabeth Reese

3. Book Review: Old Thiess, a Livonian Werewolf By Carlo Ginsburg and Bruce Lincoln

   This month Jon M. Sands reviews Old Thiess, a Livonian Werewolf: A Classic Case in Comparative Perspective by Carlo Ginsburg and Bruce Lincoln.

   Jon M. Sands

4. Book Review: Suicide and Its Impact on the Criminal Justice System eds. Kelley and Flood

   This month John Albanes reviews Suicide and Its Impact on the Criminal Justice System by Elizabeth Kelley and Francesca Flood.

   John Albanes

5. Book Review: The Chameleon Shuffle by Jere Krakoff

   This month James W. Carroll Jr. reviews The Chameleon Shuffle by Jere Krakoff.

   James W. Carroll Jr.

6. Challenging SCRAM Continuous Alcohol Monitor Evidence as Unreliable and Insufficient

   Clients charged with DUIs often take “SCRAM pleas” in which they promise, as a condition of release, not to drink alcohol and to wear the SCRAM bracelet to prove it. These individuals sometimes insist they did not drink even though the SCRAM monitor says they did. Juliana DeVries explains why there is reason to believe these clients. Based on publicly available information, it appears that water, atmospheric alcoholic compounds, and temperature can interfere with the SCRAM bracelet’s ethanol reading.

   Juliana DeVries

7. Cross Country: Cross-Examination Gone Meh

   Larry Pozner says he recently performed a cross-examination that he rates as meh. He describes it as “decent but lacking punch.” Pozner dissects the cross-examination and shares six lessons that he learned.

   Larry Pozner

8. Facial Recognition in the Courtroom

   The Challenges of the Photo and Video Identification Witness in a World of Improving Facial Recognition Technology

   Robert Williams is the first known person wrongfully arrested based on facial recognition technology. During the time he was accused of shoplifting, Mr. Williams was actually driving home from work and posting a video that eventually exonerated him.

   Steven Gosney, Danielle M. Rumschik, and Brian L. Cutler

9. Forensic Interview Protocols in Child Sex Abuse Cases

   Cases alleging child sex abuse often hinge on the forensic interview of the alleged victim, and thus the forensic interview should be the first place defense counsel looks. In this article, a forensic psychologist and a criminal defense lawyer discuss the forensic interview and how failure to follow best practices may encourage false allegations and elicit misinformation.

   Jacqueline Goodman and Dr. Veronica Thomas, Ph.D.

10. From the President: Police Brutality and Coercive Plea Bargaining

    The Long Shadow of the Trial Penalty

    Thanks to the trial penalty, criminal trials no longer offer sufficient opportunities for the community to evaluate the conduct of the police during citizen-officer encounters. Police and prosecutors can effectively coerce guilty pleas thereby obscuring, even deliberately shielding, unlawful police conduct from public exposure and review by the courts.

    Martín A. Sabelli

11. 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).

    Getting Scholarship Into Court Project

12. NACDL News: NACDLPress Publishes Just in the Nick of Time by Colorado Attorney David B. Savitz

    NACDL News for November 2021

    Ivan J. Dominguez, Jessie Diamond, and Kate Holden

13. NACDL News: Task Force Report on Data-Driven Policing, Racism, and Bias in the Criminal Legal System

    NACDL News for November 2021

    Ivan J. Dominguez, Jessie Diamond, and Kate Holden

14. NACDL News: Trial Lawyer Lisa Monet Wayne Named NACDL Executive Director

    NACDL News for November 2021

    Ivan J. Dominguez, Jessie Diamond, and Kate Holden

15. Perspective: A Great Criminal Defense Attorney Is a Zealot, Despite Its Negative Connotations

    Defending a client is less a job than a siren call. Any defense lawyer who aspires to excellence is by necessity a zealot – despite that word’s negative connotations.

    Lara Bazelon

16. Practice Points: Evolutionary Emotional Intelligence: 12 Tips for Managing Stage Fright

    The reasons people fear public speaking remain obscure. Boyd Patterson offers valuable advice to combat these fears.

    Boyd Patterson