in Purported Sexual Assault and Strangulation Cases

In criminal case report writing and testimony concerning allegations of sexual abuse or strangulation, experts have misused research statistics and findings to bolster opinions that wrongfully suggest that scientific research backs their conclusion. Tristan Wristen describes how experts improperly “weaponize” research articles.

On December 1, 2024, important changes took place to the Federal Rules of Evidence:  A brand-new Rule (FRE 107-Illustrative Aids) and three amendments that impact our practice became effective (FRE 613(b)-Extrinsic Evidence of a Prior Inconsistent Statement; FRE 804-Statements Against Interest; and FRE 1006-Summaries to Prove Content).  This presentation discusses the substance of those amendments, ways we can use them to our advantage, and traps to be avoided.  This presentation also previews changes that are in the works in the world of federal evidence.

The law of expert evidence has experienced significant recent developments.  This presentation will discuss the recent amendment to Federal Rule of Evidence 702 (experts) and what we as criminal defense lawyers can do to take advantage of the amendment (especially when it comes to excluding government sponsored expert evidence).  The presentation will also cover the recent Supreme Court decisions in Diaz v. United States (opinion on ultimate issue), and Smith v. Arizona (Confrontation Clause).

Amended FRE 702 gives defense lawyers ammunition to exclude questionable government expert evidence and prevent experts from overstating their conclusions. Rene Valladares and Hannah Nelson address arguments defense advocates should be prepared to make when confronted with government or court reluctance to apply the text of Rule 702 faithfully.

During its 2023-2024 Term, the U.S. Supreme Court allowed criminal penalties for people who are homeless; blocked the ATF’s regulation of bump stocks; ended Chevron deference, a landmark doctrine of administrative review; and decided that U.S. presidents are immune from criminal prosecution for core constitutional acts taken during their tenure in office. Criminal defense lawyers will talk about these cases for years to come.

Important amendments to the Federal Rules of Evidence came into effect on December 1, 2023: Amendments to Rule 106 (rule of completeness), 605 (exclusion of witnesses) and 702 (testimony by experts). These amendments will bring significant opportunities and challenges for defense lawyers. This presentation will discuss how to avoid the challenges and how to capitalize on the opportunities presented by these amendments. We will also discuss amendments that are scheduled to become effective in 2024 as well as important evidence related cases pending before the United States Supreme Court.

To combat questionable prosecution “expert” evidence, defense lawyers need to have a thorough understanding of Federal Rule of Evidence 702 and companion rules. This presentation provides practitioners with a framework for Article VII (Opinions and Expert Testimony) of the Federal Rules of Evidence, summarizes defense favorable cases, and presents arguments and tips on how to spot and avoid the most common ways the prosecution abuses expert testimony.  This area is of vital importance now considering the recent amendments to Federal Rule of Evidence 702.

Confession cases are some of the most difficult to defend; juries, judges prosecutors and even some criminal defense lawyers often believe that only guilty people confess to crimes. The Brendan Dassey case, shown in the Netflix Documentary "Making A Murderer" has highlighted the problem of coerced and false confessions. In the webinar we focus on both suppressing confessions and persuading juries that confessions are false.

Forensic DNA expert Tiffany Roy describes five common types of flawed forensic DNA testimony she encounters when she reviews transcripts of analysts’ testimony.

Brief of the American Civil Liberties Union (ACLU), American Civil Liberties Union of Massachusetts, (ACLUM) Electronic Frontier Foundation (EFF), Massachusetts Association of Criminal Defense Lawyers (MACDL), and National Association of Criminal Defense Lawyers (NACDL) as Amicus Curiae in Support of Respondent.

This Litigation Manual was developed by NACDL’s Criminalization of Reproductive Health Task Force to serve as a comprehensive resource to effectively litigate abortion cases. As the nation’s preeminent criminal defense bar, we are deeply committed to ensuring that the defense community is fully equipped to represent all accused persons at the highest level. This resource is restricted to defense attorneys. It is not to be used by those employed by prosecution or law enforcement organizations or otherwise involved in the prosecution of criminal cases or law enforcement. [Released Nov. 2023]

Brief of Amici Curiae National Association of Criminal Defense Lawyers, American Civil Liberties Union, and American Civil Liberties Union Foundation of Arizona In Support of Petitioner

Powerpoint slides by Gregory J. Davis, MD, FCAP. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023

Powerpoint slides by Mishka Terplan, MD MPH FACOG DFASAM. Presented at NACDL's webinar Post Roe: Building Defenses in Pregnancy-Related Prosecutions in July 2022

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.