This presentation focuses on technology’s effect on the way Jurors receive and process information today. The presentation covers topics such as: demographics of today’s jury pool; knowing your jury; verbal persuasion techniques; effective creation of visual aids like PowerPoint and computer animations; AI’s effect on the law, and the law on admissibility when using visual aids.

From encrypting your documents, texts and emails to using a private Internet browser, this webinar walks through a curated list of tools and tricks designed to protect your work product, your technology, your clients, and your cases.

Police departments across the country are increasing using predictive algorithms to decide where to patrol and who to investigate. These tools are also being used to create databases that label people as threats and feed them into the criminal legal system.

20^th Annual State Criminal Justice Network Conference
August 18-20, 2021 | Held Virtually

Whether the federal defender staff lawyers’ obligations to preserve client confidences and other confidential, privileged materials pursuant to Model Rules of Professional Conduct, Rule 1.6 is violated when a third party, the Administrative Office of the United States Courts (AO), takes over and manages the technology systems of the federal defender office, including specifically federal defender e-mail, case management programs, and statistical systems, that contain confidential and privileged information.

Predictive policing encompasses the surveillance technologies, tools, and methods employed to visualize crime, target “at-risk” individuals and groups, map physical locations, track digital communications, and collect data on individuals and communities.

We, the undersigned organizations, write in opposition to S. 686, the “Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act,” or the “RESTRICT Act.” The RESTRICT Act aims at information and communications (ICTs) technologies like TikTok that are considered a threat to the United States. 

As a criminal defense organization, we do not profess to possess expertise in policing practices insofar as those practices do not directly intersect with the criminal justice system. But many police practices do have a direct impact on the treatment of accused persons, the degree to which their cases are litigated justly, and case outcomes. Accordingly, we offer a few key insights, which we hope will find their way into the Commission’s recommendations.

How Data-Driven Policing Technologies Entrench Historic Racism and 'Tech-Wash' Bias in the Criminal Legal System

This NACDL Predicative Policing Task Force Report (1) calls attention to the rapid development and deployment of data-driven policing; (2) situates data-driven policing within the racialized historical context of policing and the criminal legal system; (3) makes actionable recommendations that respond to the reality, enormity, and impact of data-driven policing; and (4) suggests strategies for defense lawyers in places where data-driven policing technology is employed.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to procedures in the Foreign Intelligence Surveillance Court.

Challenging Stored Communications Act 2702 - Anonymized Motion

It is not a good idea for a lawyer to ignore online information about anyone involved in a case. Social media research can provide lawyers with a truer sense of a prospective juror than the information the juror discloses on a written juror questionnaire or in open court.

Because social media has reached a point of near saturation, people now have access to what seems like endless photographs of people in their community, and many witnesses have begun to use this as a resource to conduct their own criminal investigations. Jurors should be educated about how exposure to social media images may have affected the eyewitness evidence being brought before them.

Using Client Information in Social Media Advocacy

Some criminal defense attorneys use social media platforms, such as Twitter, to provide insight and commentary about the legal system. While this can be an effective approach, attorneys should consider the ethics rules before posting on social media. Professor Nicole Smith Futrell discusses the key ethical considerations, and she offers guidance to defenders on how to responsibly draw from their specialized knowledge and the experiences of their clients in order to expose systemic injustice.

While many attorneys feel comfortable using technology within the comfort of their offices, using technology to cross-examine a witness at trial may inspire fear and confusion. This need not be the case.

Technology, including mobile devices and cloud computing, makes some law office tasks easier, but easier is not synonymous with ethical. Internal procedures and individually managed protections are important for safeguarding client confidentiality. However, attorneys must always consider the Rules of Professional Conduct when implementing systems and procedures to manage client information.