The Criminal Docket

In this podcast, we hear from Professor Cara Drinan about her new book released today by Oxford University Press, The War on Kids: How American Juvenile Justice Lost Its Way. This is a must read. Professor Drinan's masterful and accessible book weaves together the stories of individual children in our criminal justice system with history, analysis, and a prescription for reform. I have to say, I just love it when a single book can make me so well-informed, educated, and empowered on such an important issue that is urgently challenging America. Professor Drinan is a professor of law at the Catholic University of America. I had a chance to sit down with her recently at the George Washington University School of Law where she is visiting for the year. Learn more about NACDL. Ivan J. Dominguez, host; Alexandra Funk and Ian Nawalinski, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 30m58s.

Last year, NACDL released its first report on South Carolina's summary courts, Summary Injustice: A Look at Constitutional Deficiencies in South Carolina's Summary Courts. This first report was a joint project with the American Civil Liberties Union (ACLU) and the ACLU of South Carolina. Then, earlier this year, NACDL released its second report on South Carolina's summary courts, Rush to Judgment: How South Carolina's Summary Courts Fail to Protect Constitutional Rights. As demonstrated in the reports, these courts routinely fail to inform defendants of their right to counsel and refuse to provide counsel to the poor at all stages of the criminal process. South Carolina summary courts also regularly violate the Constitution by sentencing defendants to jail simply because they cannot afford to pay fines.

In this podcast, we hear from Diane DePietropaolo Price, who until recently served as NACDL's Public Defense Training Manager. Diane was the lead author of the 2016 Summary Injustice report. We also hear from Dr. Alisa Smith, the Chair of the Department of Legal Studies at the University of Central Florida. Dr. Smith was the lead researcher and co-author of Rush to Judgment. Learn more about NACDL. Ivan J. Dominguez, host; Alexandra Funk and Ian Nawalinski, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 27m57s.

The Foundation for Criminal Justice (FCJ) and NACDL have established the First Amendment Strike Force and Mass Defense Unit. The goal of this project is to provide qualified counsel to represent protesters when the exercise of First Amendment rights results in arrest and prosecution. Specifically, NACDL supports a cadre of criminal defense lawyers who will be available to provide pro bono assistance to protesters throughout the country in the event of mass arrests. For those lawyers who volunteer, NACDL will maintain a database of available counsel and provide training and support at no cost. In this episode of "The Criminal Docket," we hear from FCJ President and Past NACDL President Gerald B. Lefcourt. We also learn from volunteer attorneys Mary Chartier, Joshua Dratel, and Bill Gallagher why they have volunteered for this important pro bono initiative. Learn more about NACDL. Ivan J. Dominguez, host; Alexandra Funk and Ian Nawalinski, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 8m32s.

NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to speak with attorneys Jonathan Hacker and Deanna Rice from the Washington, D.C. office of O'Melveny & Myers LLP. Jon and Deanna, together with their Associate Kimya Saied, co-authored NACDL's amicus curiae, or friend of the court, brief to the U.S. Supreme Court in the case of Packingham v. North Carolina. The case concerns the proliferation of collateral consequences that deprive convicted persons of fundamental rights without a sound basis in law. At issue in this case is a North Carolina law that makes it a felony for a person on North Carolina's registry of former sex offenders to use a social media platform if the site is known to allow minors to have an account. Mr. Packingham was convicted of posting "God is good" on Facebook in celebration of the dismissal of a traffic ticket. Learn more about NACDL. Ivan J. Dominguez, host; Ezra Dunkle-Polier and Alexandra Funk, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 21m44s.

NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to speak with University of Illinois College of Law Professor Suja A. Thomas about her new book: The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries, published by Cambridge University Press. Today, we'll hear from Professor Thomas about her research and this important new addition to the body of legal scholarship. You can read more about Professor Thomas and order her book at www.sujathomas.com. Learn more about NACDL. Ivan J. Dominguez, host; Ezra Dunkle-Polier, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 24m00s.

NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to speak with NACDL member and attorney Cristina C. Arguedas and her colleagues Ted W. Cassman and Raphael M. Goldman, all from the law firm of Arguedas, Cassman & Headley, LLP in Berkeley, California. Ms. Arguedas was lead defense counsel in one of the year's most significant federal criminal cases – United States v. FedEx Corp. Messrs. Cassman and Goldman were co-lead counsel in the case, in which Allen Ruby of Skadden Arps in Palo Alto also served as co-counsel. Only shortly after the beginning of the trial, the criminal case against FedEx –- which included charges of criminal distribution of controlled substances, conspiracy and money laundering -- was dismissed with the court "conclud[ing] that the defendants are factually innocent." In this podcast, you'll hear from lead counsel representing FedEx about the charges, the defenses, and what should make this a cautionary tale for overreaching prosecutors and an inspirational one for those wrongly accused of criminal wrongdoing. Learn more about NACDL. Ivan J. Dominguez, host; Katherine Holden, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 32m10s.

NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to sit down with attorney Matt Kaiser, a partner at the firm of Kaiser, LeGrand & Dillon PLLC in Washington, DC. Mr. Kaiser was lead counsel on an amicus curiae, or friend-of-the-court, brief submitted to the United States Court of Appeals for the 11th Circuit in the case of United States v. Clay. The brief was submitted on behalf of the National Association of Criminal Defense Lawyers, or NACDL, the Reason Foundation, and Five Criminal and Health Law Scholars. This podcast is about that case – United States v. Clay – and the very serious issues implicated by the federal prosecution of the defendants in this case. Selected briefs and related materials about this case are available at www.nacdl.org/USvClay. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 24m34s.

I recently had the honor to sit down with Harry C. Alford, President and CEO of the National Black Chamber of Commerce in his offices here in Washington, DC. Mr. Alford spoke about the need for criminal justice reform, his concerns about overcriminalization, and some of the steps he and his organization have taken to be a part of the solution. As far as the state of criminal justice in America, Mr. Alford calls it a national tragedy. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 13m57s.

On January 20, Little, Brown and Company released a new book about the detention facility at the U.S. Naval Base in Guantánamo Bay, Cuba. But this book is like no other on the subject that has been published to date. This book, entitled Guantánamo Diary, is the actual, albeit redacted, diary of Mohamedou Ould Slahi who remains imprisoned there by the United States to this day. We caught up with two of Mr. Slahi's attorneys, Nancy Hollander and Linda Moreno, in the midst of their international appearances in connection with the release of Guantánamo Diary. They share details of Mr. Slahi's diary and their experiences as his pro bono, or volunteer, attorneys over the past several years. We also hear from NACDL's Senior Privacy and National Security Counsel Jumana Musa who provides important insight into the post-September 11 history of this detention facility and those imprisoned there. Learn more about NACDL. Ivan J. Dominguez, host; Isaac Kramer, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 34m54s.

Yates v. United States is a case highlighting the dangerous consequences stemming from the unconstitutional executive expansion of the federal law. In Yates v. United States, the government used a post-Enron anti-shredding statute to prosecute a fisherman for the disappearance of three fish from his shipping vessel. Argument in that case is being heard by the Supreme Court on Wednesday, November 5 at 10:00 a.m. The Criminal Docket recently had the opportunity to catch up with Bill Shepherd who authored NACDL's amicus curiae – or friend of the court – brief in the Yates case. Bill is a criminal defense lawyer and member of NACDL, is the former statewide prosecutor of Florida and is a partner at the law firm of Holland & Knight. In this episode of The Criminal Docket, Bill gives us some insight into what this case is about and why it's an important one for all Americans. Learn more about NACDL. Ivan J. Dominguez, host; Isaac Kramer, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: [14m52s].