Washington, DC (July 9, 1998) -- "Government lawyers, first and foremost, are lawyers who are -- or should be -- subject to the ethical rules of conduct applicable to all the members of the bar, with one exception: the standards for assuring fairness and total truthfulness in proceedings is higher, not lower, for government lawyers and prosecutors."
That statement, by former Deputy U.S. Attorney General Arnold I. Burns, serving under President Reagan, and former Justice Department trial attorney Warren L. Dennis, now partners at Proskauer Rose LLP (New York and Washington, D.C.), stands in sharp contrast with efforts by several recent Attorneys General to exempt federal prosecutors from the ethical and disciplinary rules that govern attorney conduct.
In the cover article of the July issue of The Champion, the award-winning monthly magazine of the National Association of Criminal Defense Lawyers (NACDL), Burns and Dennis, with co-author Amybeth Garcia-Bokor, highlight recent "sea changes" in the attitudes and professional conduct of federal prosecutors and regulatory lawyers, which they perceive as presenting a "bona fide danger to the quality of justice and the fundamental nature of due process and fair play" in America today. The authors explode some popular myths of federal prosecutions, such as the one that federal prosecutors "do it by the book." "When external factors such as publicity, ego, and ambition intrude," the authors observe, "'doing it by the book' can take on a new and pernicious meaning."
The article takes the position that public perceptions of federal prosecutorial power being wielded with a heavy hand are not misplaced. The ultimate solution may be for Congress to establish limits on federal prosecutors, but the authors also propose solutions that federal courts can impose now with tools already at hand.
[Click Here] for their article, Curbing Prosecutorial Excess: A Job for the Courts & Congress, or call Danielle Famularo at (202) 872-8600, ext. 236, to receive a copy.
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.