Courts may impose gag orders in high-profile cases and other situations in which widespread public interest exists in the crime and the ensuing criminal trial. What are the competing constitutional interests that may be at issue when a court considers imposing a gag order? The authors discuss the basic mechanics of gag orders, such as who can request them, the type of information that can be restricted, and against whom gag orders can be imposed.

Lessons Learned From Successfully Defending A Federal Criminal Trial

Many lawyers believe that they cannot cite helpful provisions of the Justice Manual in support of their argument and against the government. It is true that courts invariably hold that Department of Justice guidelines and policies do not create enforceable rights, but nothing prevents lawyers from arguing that relevant provisions of the Justice Manual are persuasive authority.

A sentencing mitigation video should be short (approximately 10 minutes) and should show the judge that the client is more than what the sentencing report says. Are there potential drawbacks? Yes. But the rewards are greater.

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

The practice of criminal defense law became “virtual” because of COVID-19. ABA Formal Opinion 498 addresses how an attorney’s professional obligations are affected by working remotely.

An Ounce of Prevention Can Be Worth a Pound of Cure, Especially When Careful Planning Avoids Ethical Pitfalls

Defense attorneys Andrew Boutros and John Schleppenbach provide proactive guidance for white collar practitioners on avoiding ethical traps – such as a potential conflict of interest – when entering into joint defense agreements.

Defense counsel should be wary when the defendant’s case involves a seized cellphone that may be introduced into evidence. Are the jurors going to take the phone into the jury room? Is the cellphone inoperable? What should the defense team do if it is blindsided by jurors accessing the cellphone during deliberations? It is crucial to examine the cellphone carefully to make sure it contains no unexpected incriminating information. In addition, defense counsel should check for deleted or normally hidden information that might be restorable by a tech-savvy juror.

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).

Practice Points Denis M. deVlaming

Practice Points

If the courtroom is a stage, then attorneys must make every moment count during their time in the spotlight. Attorney Mary DeFusco says evidence is everything the jury sees, hears, reasons, and feels. It is up to defense attorneys to make sure that as much of that information as possible is favorable to the defendant. She offers helpful tips to new lawyers so that they can use the stage to its full advantage.

In today’s media-savvy society, it is critical that attorneys use persuasive demonstrative aids to educate jurors about important or complex issues. Jurors not only learn concepts or facts in a case, but also remember specific demonstratives to support their position and convince other jurors why they view a particular issue a certain way. Through his discussion of timelines and comparative reasoning charts, Josh Dubin shows that persuasive demonstrative aids are no longer a luxury item reserved for “big” cases.

Slide shows can help make a presentation more effective by illustrating a presenter’s points and keeping an audience engaged. Like most things in life, however, there are rules that should be followed. Public defender Al Menaster offers his Top 10 rules for slide shows. The goal is to make a lawyer’s opening statements, final arguments and presentations great, using technology to help. A slide show heavy on quotations and text is going to be a bad show. Is there a picture or a sound effect that can be used? Try to come up with an interesting theme. This is how people learn and remember. Use these 10 rules to make slide shows sizzle.

In some cases, a jury’s decision that the prosecution’s witnesses are liars or just wrong may be the only defense that counsel can offer. This means that the credibility instruction is important. Do lawyers treat it as important? Lawyers rarely make requests to charge that ask for an alternative to the pattern or model credibility instruction. That is a problem because the credibility instruction could be better, says appellate attorney Lisa J. Steele. It could take into account psychological research into detecting deception, which might lead the jury to a more accurate verdict. Moreover, some judges may adopt different language if they are asked to think critically about a pattern instruction. Steele discusses six myths about credibility decisions in the courtroom and offers a suggestion for a better instruction.