This session presents a framework for understanding the sources of racial disparity in the criminal justice system and suggests actions that defense attorneys can take to address this problem. The roots of this racial disparity precede criminal justice contact: conditions of socioeconomic inequality contribute to higher rates of some violent and property crimes among people of color. But four features of the justice system exacerbate this underlying inequality: (1) laws and policies with a disparate racial impact; (2) racial bias in discretionary decisions; (3) underfunding of key criminal justice services and the imposition of financial burdens; and (4) the collateral consequences of a felony conviction. The session describes how jurisdictions around the country have worked to address each of these sources of inequality. Defense attorneys can contribute to these efforts by assessing their casework for bias; engaging in public education, litigation, and advocacy; and by reforming hiring, admissions, and discipline policies in the institutions to which they belong.

Presenter

Nazgol Ghandnoosh is a Senior Research Analyst at The Sentencing Project, a nonprofit organization engaged in research and advocacy for criminal justice reform.

Start time is 1:00 p.m. Eastern Daylight Time.

Key provisions of the Bail Reform Act are routinely misinterpreted or ignored at initial appearances and detention hearings, resulting in the improper detention of our clients. This session will include a thorough discussion of these misconceptions and will provide tools for fighting detention, beating the presumptions, filing bond motions, and obtaining release.

Presenter

Alison Siegler, Director of the Federal Criminal Justice Clinic, University of Chicago Law School, Chicago, IL

Start time is 11:00 a.m. Eastern Daylight Time.

Every trial lawyer dreams of conducting a razor-sharp cross-examination that neutralizes the Government’s star witness. Learn how to make this vision a reality. Effective cross-examination involves distinct tools that all lawyers can learn and deploy. In this webinar a savvy, skilled, successful trial lawyer introduces newer lawyers to (and reminds more seasoned ones of) control techniques such as leading questions and one fact per statement, organization by the Chapter Method and statement charts, and some advanced techniques to be more persuasive and hold the jury’s attention.

Presenter

Jennifer Willis, Assistant Federal Defender, Federal Defenders of the Southern District of New York, New York, NY

Start time is 10:00 am Eastern Standard Time (7:00 am Pacific Standard Time).

This webinar may be eligible for CLE credit, where authorized. Applications are pending in all states that grant CLE credits for Training Division webinars.

This webinar covers the methods used by law enforcement examiners to locate persons using historical call detail records, precision location data and E-911 pings. The speaker will teach how cell phones work in the wireless networks, how to understand call detail records and how to obtain them.  These methods are widely used in criminal cases to “place” a person at a particular location based on his or her cell phone usage. Real case examples will illustrate how location evidence is used in cases ranging from murder to trucking accidents. Attendees will learn about the realities and limitations of actually being able to locate a cell phone based on historical call detail record analysis.

Presenter

Larry E. Daniel, Senior Principal Consultant, Digital Forensics

Start time is 11:00 am Eastern Standard Time (8:00 am Pacific Standard Time).

This webinar may be eligible for CLE credit, where authorized. Applications are pending in all states that grant CLE credits for Training Division webinars.

What should you know about the opioid epidemic and substance abuse to assist as a member of the defense team? This session will discuss substance abuse as it relates to opioid use, its effects on cognition and behavior, and the progression of addiction. Additionally, the session will explore co-occurring disorders of substance abuse and mental illness. The speaker will help the audience identify opioid intoxication and withdrawal in their clients. He will also address the ethical basis for interrogating or incarcerating a person who is intoxicated or in withdrawal. Understanding addiction and being able to explain to a judge its impact on the human brain is powerful mitigation. 

In the digital era, knowledge about managing, reviewing, and analyzing electronic discovery or voluminous discovery is a critical skill for criminal defense attorneys.  In fact, the first principle of the national joint electronic discovery protocol developed by representatives of the Federal Public Defenders, CJA panel attorneys, the Department of Justice and the Defender Services Office reflects this trend in the law: "[l]awyers have a responsibility to have an adequate understanding of electronic discovery."  (See ESI Protocol). This position has been adopted by the ABA. See, Commentary to Model Rule of Professional Responsibility 1.1.

The Law & Technology Series: Techniques in Electronic Case Management (TECM) Workshop exposes CJA panel attorneys and FDO staff to the legal, strategic, and technological considerations involved with electronic and/or voluminous discovery.  This two-and-a-half-day program uses a combination of plenary presentations and small group, hands-on instruction.  Besides gaining an understanding of the legal, practical, and technological issues in these types of federal criminal cases, participants will learn basic and advanced features of three litigation support software programs (Adobe Acrobat Pro, dtSearch, and CaseMap/TimeMap suite).  Attendees will better understand how legal litigation support programs work, and how to coordinate thoughtful workflow processes with co-counsel, staff, and potential vendors. Workshop participants will also improve their overall ability to master case information, in order to better prepare a defense.