Defense lawyers often ask voir dire questions that do not help them identify the prospective jurors they do not want. Instead, the questions allow the prosecution to identify the jurors it wants to strike. What are some tips to help defense counsel remove jurors who cannot accept the theory of nonguilt?

Parental alienation is a pathological dynamic in which one parent strives to sever a child’s relationship with the other parent. For example, in a contentious custody battle, allegations of abuse can be initiated by a child at the behest of an alienating parent. Evidence of parental alienation is central to establishing a motive for the child’s allegations. How can defense counsel uncover parental alienation in a criminal case?

What challenges face a defense attorney in a case involving a sex offense? What is the public’s perception of someone who, after serving time for a sex crime, is ready to return to the community? Richard Jones, a defense attorney in Wisconsin, discusses these questions with Quintin Chatman, editor of The Champion. Jones talks about the difficulties and the hurdles involved in sex offender cases, and he reveals his three primary goals for each client.

It is crucial for a defense attorney to know the background and training of the forensic nurse examiner involved in the client’s case. A forensic nurse’s initial education does not include training on how to give an expert opinion related to his or her objective findings. Through continuing education and board certification, however, it is possible for a forensic nurse to be considered an expert.

The goal of trying to put an end to child sex offenses is one on which everyone can agree. The best way to meet that goal, however, is debatable. Individuals that children know are responsible for 90% of sex crimes against them. Alix Deschamp discusses the origins of the Sex Offender Registration and Notification Act and shows how the original legislation developed into not only a law enforcement tool but also a punitive measure.

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.

The five-point argument outlined in this article has been preserved in a failure to register case under the Sex Offender Registration and Notification Act at 18 U.S.C. § 2250(a).

How We Handled a Sexsomnia Case Douglas Peters and Robert Rubin April 2013 18 Introduction Most child molestation cases fit into one of two broad categories. In the first category, the client admits he 1 intentionally committed the act of which he is accused. He may admit he has a problem and...

At sentencing, defense lawyers do not listen closely as the judge reads the standard and special conditions of supervised release. As a result, lawyers frequently do not object to any special conditions. John Rhodes and Dan Donovan believe that the time is ripe to object to, and litigate, special conditions of supervised release, particularly in sex offense cases. Some circuits have limited or rejected certain special conditions for sex offenders. The authors provide tips that will help defense counsel prevent unreasonable and unconstitutional special conditions of supervised release.

In an attempt to find child predators, police officers visit Internet chat rooms and pretend to be underage. When arrested in these sting operations, most defendants plead guilty. But the chat room is a world of sexual fantasy. Did the defendant believe he was communicating with another adult who was pretending to be a child within the sexually charged atmosphere of an adult chat room?

Particularly in child sex cases, success lies in preparation. It may be tempting for a lawyer to pass a case alleging a child sex offense to another lawyer who has more experience in handling such cases. While experience is important, a lawyer prepared to spend the time and resources researching the facts and background information and thoughtfully analyzing the issues can successfully defend cases that may initially appear hopeless. Kathleen Stilling provides a basic plan for preparing, analyzing, and investigating child sex cases.

California and New York have passed “yes means yes” laws that apply to college campus disciplinary proceedings when a sexual assault has been alleged. These laws may result in an accused person having to prove innocence.

While United States v. Paroline likely will result in victims bringing an increased number of restitution claims in federal child pornography prosecutions, in that case the U.S. Supreme Court reined in expectations for victims anticipating a windfall. Public defender David Bungard offers practice tips to help defense attorneys successfully negotiate or dispute the merits of a restitution claim.

Motion practice plays a critical role in establishing the parameters of the defense and prosecution cases when child sex abuse has been alleged. Defense attorneys must consider how they can use motions to gather information, provide critical testimony to the jury, and prevent the prosecution from using inadmissible or improper evidence to taint the fairness of the trial. Demands for exculpatory evidence should be specific and grounded in the facts.

NACDL and its affiliates opposed ABA Resolution 114 because it called for legislatures to adopt laws that would significantly alter the law with respect to sexual assault crimes.