This second of two sessions provides a roadmap for dealing with character evidence (FRE 404 and 405), including how to defend against 404(b) prior bad act evidence, and how to use FRE 404(b) to bolster the defense case. It will cover character evidence in the context of sexual assault cases (FRE 413) and child molestation cases (FRE 414). How to attack the credibility of witnesses for untruthfulness (FRE 608), and the rules dealing with impeachment by criminal conviction (FRE 609) will also be discussed.

This first of two sessions provides a roadmap for dealing with character evidence (FRE 404 and 405), including how to defend against 404(b) prior bad act evidence, and how to use FRE 404(b) to bolster the defense case. It will cover character evidence in the context of sexual assault cases (FRE 413) and child molestation cases (FRE 414). How to attack the credibility of witnesses for untruthfulness (FRE 608), and the rules dealing with impeachment by criminal conviction (FRE 609) will also be discussed.

Presented by Rene Valladares, Federal Public Defender, District of Nevada

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).

An ongoing interactive webinar series regularly hosted by NACDL. Wednesdays at 2 pm ET / 11am PT. On this page, you can register for the series, volunteer as faculty, submit feedback, and watch past videos!

This presentation focuses on AI’s ever changing impact on the law. Topics include the history of AI, legal applications, who’s responsible for AI use in legal matters, admissibility issues, and ethical considerations. The presentation also includes a discussion about drones' impact on the law and the body of law regulating the industry. Presented by Gregory J. Morse, Esq., King | Morse (West Palm Beach, FL)

Laurie Hallmark discusses how to manage a client through the system using psychiatric advanced directives to aid the courts and other court and police personnel during the trial and placement process. Jacqueline Hall discusses the interface of DNA, neuroscience, and addiction with the criminal legal system. Elizabeth Blackwood hosts the discussion.

Federal prosecutors regularly ask courts to impose sentences within the Guidelines ranges to avoid unwarranted sentencing disparities under 18 USC §3553(a)(6), but these arguments often ignore data about what sentences are actually being imposed, especially in white-collar cases.  The Sentencing Commission has made it easier to see this data through the Judiciary Sentencing Information (JSIN) platform, and regular use of JSIN data is already being tested in 1/3 of federal district courts around the country. 

Professor Judith Resnik will discuss the seismic impact of her recent research on solitary confinement – the Yale Liman Center and Correctional Leaders Association’s ongoing study on solitary confinement in US prisons. The current state of constitutional law regarding solitary confinement exposes two main areas in need of immediate academic intervention: definitional challenges and an absence of data reporting. JoEllyn Jones, defense lawyer and member of NACDL’s Decarceration Committee, will facilitate Prof. Resnik’s discussion of her research and issues in addressing solitary confinement.

The ‘trial penalty’ is the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty has become so severe and entrenched that virtually eliminates the constitutional right to a trial. Our speakers discuss how “pleading out” contributes to an unjust system, creates a class of people restricted from participating in society, and how to combat it to save the right to a trial.

Holding Law Enforcement Accountable by Expediting the Review of Body-Camera Footage, Jail Calls, and Other Digital Discovery

Presented by Rene Valladares, Federal Public Defender for the District of Nevada

This second of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

This first of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

Rene Valladares, Federal Public Defender, District of Nevada, covers the top 12 most frequently encountered foundation scenarios, including phone calls, character evidence, refreshing recollection, tangible evidence, business records, etc.