In April 2013, the Criminal Justice Section of the American Bar Association assembled a task force to study and evaluate the reforms needed in the sentencing of federal economic crimes. The mission of the task force was not only to identify the areas of weakness in the existing Federal Sentencing Guidelines, but also to draft and propose a better guideline to remedy those weaknesses.

This month Elizabeth Kelley reviews Quest for Justice: Defending the Damned – 2nd ed. by Richard S. Jaffe.

The killing of George Floyd and the protests against police brutality that followed have resulted in a burgeoning reform movement. Several organizations issued statements reflecting on his death and voicing hope that one day systemic and overt racism will end.

During voir dire in New Jersey v. Andujar, a prosecutor ran a criminal background check on one prospective African American juror in order to have that juror challenged for cause. The appellate court determined that the trial judge, before dismissing the juror for cause, should have made a finding of fact regarding the validity of the criminal background check.

NACDL News for May 2020.

NACDL News for May 2020.

No lawyer did more in the past half century to define the defense function than Albert Krieger.

Courts are developing protocols for how to safely resume jury trials after the coronavirus pandemic. The defense community cannot allow expedient solutions to backlogged dockets to subvert the Constitution by sanctioning proceedings that fall short of constitutional and statutory protections.

The “you should have been told” technique offers experts a way to concede their errors while protecting their self-image by blaming others.

Business as usual will be impossible as courts restart face-to-face jury trials during the coronavirus pandemic. NACDL has identified 10 fundamental principles that can minimize the constitutional burden while protecting the public and stakeholders who must come together in the courtroom.

What is the best way to resume in-person proceedings as courts reopen after closures stemming from the COVID-19 pandemic? Defendants have a right to be physically present in the courtroom. How can courts ensure a fair and constitutional process going forward?

This month Allan F. Brooke II reviews Solitary: Unbroken by Four Decades in Solitary Confinement by Albert Woodfox with Leslie George.

This month Linda Friedman Ramirez reviews Deported to Death: How Drug Violence Is Changing Migration on the US-Mexico Border by Jeremy Slack.

The fact that hearings and trials can be conducted via videoconference platforms does not make these proceedings legal. Criminal trials in which some or all witnesses testify remotely are susceptible to Sixth Amendment challenges. The authors offer five factors concerning which defense counsel should ask a judge to make findings before any witness testifies via two-way videoconference.

What events are NACDL affiliates hosting this month? Find out here.