Washington, DC (June 29, 2006) – Last Monday’s decision in United States v. Stein, was more than a victory for the defendants, who had their company-paid attorneys fees restored to them by a federal judge. It was the first time a federal court had recognized the arrogance and inherent unfairness of the Thompson Memorandum, which is the government’s roadmap for coercing companies facing possible criminal prosecution into settling investigations before indictment.
In a strong rebuke to the U.S. Justice Department, Judge Lewis Kaplan made clear there is a difference of constitutional dimensions between the government's awarding credit for cooperation in the form of providing more information to the government, explaining documents, making witnesses available, etc. -- and awarding credit for things that have no logical relevance to the concept of cooperation, and moreover, involve practices that are antithetical to our adversarial system of justice. All of these concessions are made by companies who, in Judge Kaplan’s words, have “a gun to their head.”
Certainly the advancement of attorneys fees is near the top of that list of practices, but the rationale applies equally well to the waiver of attorney-client privilege, the prohibition on joint defense agreements and information sharing, and the pressure on companies to fire employees who assert their Fifth Amendment rights. The attorney-client privilege is the bedrock of the attorney-client relationship and the ability to mount a defense. Joint defense agreements and information sharing are, as well, and should not be implicated outside of real allegations that they are being used to obstruct justice. The bottom line is, a business can decide for itself when it wants to punish employees and how it defines cooperation; the government has no business defining "cooperation" as "talk or else," and then punishing the company for the ultimate decision.
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.