The Administrative Office of the US Courts, Defender Services Office, Training Division Online Event
Time 2021-08-20 07:07:25Web Name: The Administrative Office of the US Courts, Defender Services Office, Training Division Online Event
WebSite: http://fd.peachnewmedia.com
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Access to these recorded training sessions and any accompanying materials is restricted to employees of federal public and community defender organizations; CJA panel attorneys who accept court appointments to federal criminal cases; and investigators, paralegals and other defense team members who work on CJA panel cases. CLE Information: Upon viewing a video in its entirety you will be given instructions for obtaining a certificate of completion for that content. You are responsible for submitting the certificate of completion and other required materials to the appropriate CLE compliance organization. Although many of our in-person seminars are approved in their entirety for CLE credit by several states, the individual recorded sessions have not been separately approved for CLE credit. Each video is approximately 50 to 60 minutes long. The exact duration is displayed at the start of each recording.Training DivisionWelcome to the Defender Services Office Training Division Online Learning Portal.Please note that in order to obtain course completion certificates you must addDefender Services Office Training Division as your Credit Reporting Organization under your Account Preferences in your Account Profile.Interested in searching all available seminars? Click here!SELECT A CATEGORY below TO SEE all AVAILABLE SEMINARSRace, Ethnicity, and CultureHow Critical Race Theory Improves Drug Courier and 8 U.S.C. 1326 Representation (June 09, 2020)MORE INFOThis video presentation discusses how criminal defense lawyers can understand illegal entry and drug courier prosecutions through the lens of critical race theory (CRT). It equips lawyers with tools to more effectively represent 1326 and drug courier clients. The presentation begins with how some of CRT s theoretical underpinnings apply to illegal entry and drug courier cases. The presenter analyzes topics such as revisionist historical perspectives, intersectionality, and racial stratification, among others. He describes how these concepts apply to practice and discusses a CRT-based approach to representation at initial appearance, bail hearings, preliminary hearings, disclosure review, voir dire, opening statement, and closing argument.Formats Available: On-DemandOriginal Seminar Date: June 09, 2020On-Demand Release Date: Available NowApproved Credit: DSOTD: 1 MinutesMORE INFORICO/Hobbs ActTrial Strategies in RICO Cases (12/2018) (December 01, 2018)MORE INFOThis session will discuss strategies for pre-trial litigation to prepare for trial in as well as strategies for in-trial litigation in RICO cases. This will include a discussion of pre-trial motions, expert witnesses, jury instructions and motions in limine as well as a discussion of pertinent RICO case law.Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 0.42 MinutesMORE INFOBail/Pretrial ReleaseDiscoveryPretrial Motions: Stuff To Know To Get The Discovery You Need (1/2017) (January 12, 2017)MORE INFOTired of simply begging the federal prosecutor for the discovery and materials you need? This session will explore the advantages to taking a proactive, rather than a passive, approach to using multiple pretrial motions in combination with third party subpoenas to get more of the discovery and evidence you need. Learn from the combined perspective of a trial lawyer and a death penalty postconviction attorney about other avenues, in addition to Rule 16, to obtain discoverable evidence that might be helpful if considered while mounting a defense to any federal criminal prosecution.Formats Available: On-DemandOriginal Seminar Date: January 12, 2017MORE INFOSearch and SeizureWhere's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices (8/2012) (August 23, 2012)MORE INFOLaw enforcement's tracking of cell phones has become a powerful and widely used surveillance tool for both federal authorities and local police alike with hundreds of departments aggressively tracking cell phones with little to no court oversight. The practice of tracking cell phones and smartphones has become big business for companies with some carriers marketing a host of services to law enforcement for "surveillance fees." That smartphone in a client's pocket may be able to determine a suspect's location, trace phone calls and texts or provide other services to inquiring law enforcement. Some in law enforcement describe these devices as"the virtual biographer of our daily activities" and yet, there are pitfalls, misleading data and misunderstood technology which may lead to erroneous conclusions by law enforcement and attorneys alike. This discussion will get attorneys started on learning the lay of the land and help attendees understand the issues, the technology and the problems with over reliance on these "virtual biographers."These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 23, 2012Approved Credit: DSOTD: 1 MinutesMORE INFOThe Fourth Amendment and Third Party Doctrine After Carpenter (12/2018) (December 01, 2018)MORE INFOLast term, in Carpenter v. United States, the Supreme Court continued its recent trend of recognizing that digital is different when it comes to the Fourth Amendment. This session will discuss the Supreme Court s recent technology-related cases with a focus on Carpenter, its narrow holding and broad reasoning, and doors that may now be open for successful Fourth Amendment challenges.Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 49.00 MinutesMORE INFOThe Government Had My Wires Tapped: Litigating Title III Wiretap Challenges (12/2018) (December 01, 2018)MORE INFOIn this era of persistent hacks and little, if any, privacy of your data, where does Title III wiretapping fit in? It now seems quaint that the Supreme Court stated in its landmark case which led to the enactment of the current wiretapping statutes, [f]ew threats to liberty exist which are greater than that posed by the use of eavesdropping devices. Berger v. United States, 388 U.S. 41, 63 (1967). Wiretap litigation is a complex, multilayered process. Questions arise regarding the unique discovery production obligations of the government in these cases as well as questions about whether the government properly sought, minimized, maintained and sealed the recordings. Did they seek proper extensions for the continued interception of the electronic recordings? And, of course, was there probable cause and requisite necessity to seek the interceptions? These issues and how to litigate them will be discussed.Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 60.00 MinutesMORE INFOEvidence (Including Forensic)Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool (8/2011) (August 18, 2011)MORE INFOIt seems like everyone these days has a darn Facebook page! What is with all these youngsters posting pictures of themselves on MySpace? Who wants to see strangers engaging in illegal activity, taking drugs, bragging about their exploitsand making darn fools of themselves? You do!!!!! There is a bevy of great material out there to impeach snitches, lay witnesses, police officers and just about anyone who logged off the night before and showed up to testify against your client at trial the very next morning. An important look at the new frontier of Internet Social Networks and your next trial. These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington. The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday. On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest. The following Multi-Track presentations were recorded and are available for viewing:Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation ToolFingerprints: Understanding Challenging Science Firearm and Toolmark IdentificationRecidivism, Recidivism, Recidivism: How to Mitigate Your Client's Criminal History The Fine Print: Avoiding Restrictive Conditions of Supervised ReleaseAttacking and Understanding DNADefending Against Armed Career Criminal Career Offender DesignationsFormats Available: On-DemandOriginal Seminar Date: August 18, 2011Approved Credit: DSOTD: 59.00 MinutesMORE INFOFingerprints: Understanding & Challenging Science (8/2011) (August 18, 2011)MORE INFOThis presentation looks at the science behind fingerprint identification. Learn how an expert matches one fingerprint to another and how to challenge the accuracy of the identification. Fingerprints identification is far less reliable than previously thought and the science is far shakier than every imagined. An interesting session which goes far beyond the science of fingerprints. These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington. The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday. On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest. The following Multi-Track presentations were recorded and are available for viewing:Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation ToolFingerprints: Understanding Challenging Science Firearm and Toolmark IdentificationRecidivism, Recidivism, Recidivism: How to Mitigate Your Client's Criminal History The Fine Print: Avoiding Restrictive Conditions of Supervised ReleaseAttacking and Understanding DNADefending Against Armed Career Criminal Career Offender DesignationsFormats Available: On-DemandOriginal Seminar Date: August 18, 2011Approved Credit: DSOTD: 64.00 MinutesMORE INFOThe Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories (8/2012) (August 23, 2012)MORE INFOWitnesses, including ones who provide identification, are highly susceptible to false memories based on suggestive police interviews and interrogations as well as the mere passing of time. Everyday people are called upon to identify your clients, clients provide confessions of alleged acts and witnesses take the stand to "recollect" - sometimes months, if not years, after the fact. Hear about important research and real-life cases to better understand the science of memory and how memory, by its nature, is malleable and reconstructive. It's not that memories or witnesses are "bad" per se, but instead the memories are simply false. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 23, 2012Approved Credit: DSOTD: 51.00 MinutesMORE INFOAttacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches (8/2012) (August 24, 2012)MORE INFOTrace evidence is often used to place your client at the scene of the crime or to put damning evidence in his hand. While there is much trace evidence to be had, fingerprints, firearm evidence and tool marks make up much of the evidence we have to worry most about. Learn how these examples of trace evidence are weak on their best days, their reliability has been attacked by academic groups, excluded by judges and how best to attack the government’s use of such evidence. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 24, 2012Approved Credit: DSOTD: 70.00 MinutesMORE INFOChallenging Laboratory Reports Received in Discovery (8/2012) (August 24, 2012)MORE INFOAs per Rule 16, you have received laboratory reports and you know the government's expert is going to use these reports to hurt your client - what can you do? This session will detail how to meaningfully challenge the forensic evidence in your case by making specific discovery requests about the analyst, all information relied upon by the analyst in reaching a conclusion, manuals, protocols, databases, policies and accreditation of the lab and its personnel. Do not take these reports for granted and do not take them on face value - dig deeper and hear how to vigorously attack the government's conclusions. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 24, 2012Approved Credit: DSOTD: 57.00 MinutesMORE INFOUnderstanding the NAS Report and Filing Pre-Trial Motions to Attack the Government\'s Use of Expert Testimony (8/2012) (August 24, 2012)MORE INFOBefore the government introduces "expert" testimony during a sentencing hearing or trial there are a number of effective and creative motions to bar the government from polluting your judge or jury with weak conclusions based on "junk science." The NAS has identified a number of suspect areas such as fingerprints, bite marks, ballistics and other trace evidence and attorneys need to attack early and often before the judge and jury gets polluted. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 24, 2012Approved Credit: DSOTD: 62.00 MinutesMORE INFOA Busy Lawyer's Guide to Hearsay and Character Evidence (1/2017) (January 13, 2017)MORE INFOHearsay and character evidence are amongst the most important concepts in evidence. Unfortunately, the state of the law for both concepts can seem muddled and disjointed. If you find yourself wondering whether a statement is hearsay or not, or if you just want to brush up on your evidence, this lecture is for you. You will walk out of this presentation with an approach to hearsay and character evidence that is simple, practical and that you will be able to apply at your next trial.Formats Available: On-DemandOriginal Seminar Date: January 13, 2017MORE INFODemonstrative Evidence and Aids (12/2018) (December 01, 2018)MORE INFOSometimes, a picture is worth a thousand words. This session will address the elements of the effective use of audio-visual aids in litigationFormats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 56.00 MinutesMORE INFODNA: Where to Start in your Case (12/2018) (December 01, 2018)MORE INFOFormats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 56.00 MinutesMORE INFOChallenging Pattern Recognition Evidence - Fingerprints & Firearm Toolmark Analysis (AKA Ballistics) (12/2018) (December 01, 2018)MORE INFOThis session will address how to challenge pattern-recognition evidence/examiners, focusing on attacking the assumptions made by examiners and exposing the lack of a scientific basis when claims of individualization are made. With the findings in two National Academy of Sciences (NAS) Reports, there is now authority to use when attacking such forensics. No longer can we merely accept the notion that examiners can individualizelatent fingerprints and markings on bullets/casings by detecting unique characteristics, particularly when both are usually damaged and partial. If you cannot exclude it, where there is a lack of standards for identifying and quantifying so-called individualizing characteristics and a lack of statistical bases for declarations of a match, the jury must be taught that these experts are wearing the Emperor s new clothes when they subjectively declare I know it when I see it. Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 60.00 MinutesMORE INFOExpert WitnessesExperts: How to Use Them, Abuse Them and Keep Them Off The Stand (8/2012) (August 24, 2012)MORE INFO"Experts win cases" and thus, attorneys must consider using experts with every theory of defense when presenting their case to the jury. There simply are few better tools when convincing a jury than a well presented expert. In the alternative, when the government employs an expert a properly prepared defense attorney can turn the government’s devastating tool into a defendant's advantage. This session will look at how best to prepare and use experts, both pretrial and during trial, including admissibility of evidence, qualifying the expert to testify and taking the government"s key witness and turning him into their train wreck. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 24, 2012Approved Credit: DSOTD: 61.00 MinutesMORE INFOTrial Skills and Trial-Related IssuesPlenary: Developing a Theory and Theme Driven Trial Strategy (8/2012) (August 25, 2012)MORE INFOBrainstorming the facts of a case, developing emotional themes and ending with a unified theory of defense is a key ingredient as trial attorneys create effective openings, directs, crosses and closings. A highly disciplined theory of defense is the key to developing all aspects of a trial and allows a focused performance rather than a trial which suffers from entropy, wanders off road and provides the jury with no emotional reason to acquit. This session will demonstrate the practice of brainstorming, developing emotional themes and arriving at a laser focused theory of defense which will better direct all aspects of a defendant's trial strategy. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 25, 2012Approved Credit: DSOTD: 55.00 MinutesMORE INFOOpenings (8/2012) (August 25, 2012)MORE INFOSome studies suggest that 80% of jurors will decide "guilty" or "not guilty"at the end of the opening statements so all defense attorneys must come out effectively swinging from the beginning. Opening statements are not mere recitations of "facts a jury will hear during a trial" or a time to introduce clients, attorneys and important players. Instead, an opening is a presentation where the defense attorney gets the chance to sear into the jurors’ minds an emotional theory of defense which will be front and center throughout the trial. Hear about the critical concepts of "primacy" and "recency," weaving your emotional theory of defense into your opening and getting the jury to follow the pro-defendant narrative throughout the trial. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 25, 2012Approved Credit: DSOTD: 62.00 MinutesMORE INFOComputerized Presentations in the Courtroom (8/2012) (August 25, 2012)MORE INFOIt will be harder and harder to find a federal district court which is not already wired for the computerized presentation of demonstrative evidence and where large screens are not waiting for the fixated members of the jury. More and more attorneys are using computers to present evidence and jurors will be increasingly expecting, wanting and wishing for it. When properly utilized, the visuals provided by computerized presentations can be compelling and leave little room for confusion as attorneys present the finer points of their cases. See examples of several presentation softwares and how powerful they can be when used during openings, directs, crosses and closings. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 25, 2012Approved Credit: DSOTD: 62.00 MinutesMORE INFOImpeaching Testifying Witnesses (1/2014) (January 30, 2014)MORE INFOThe credibility and believability of alleged co-conspirators or cooperating informants is often central to the prosecution s proof against defendants going to trial. This session offers an insightful overview of pretrial investigation and cross-examination techniques when defending a client whose liberty hangs in the balance based primarily on whether a jury believes the testimony of a co-conspirator or informant. The Winning Strategies Seminar, took place January 30 to February 1, 2014. It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of the advanced practitioner and the less experienced attorney alike. Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more. The following Winning Strategies presentations were recorded and are available for viewing: Impeaching Testifying Witnesses Important Issues to Consider When Defending Clients in Child Porn Cases How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc. Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse Opening Statements: Winning It Now -- Winning It Here "Do You Hear What I Hear?" Why Demonstrative Evidence Makes A Difference Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: January 30, 2014On-Demand Release Date: Available NowApproved Credit: DSOTD: 60.00 MinutesMORE INFO"Do You Hear What I Hear?" Why Demonstrative Evidence Makes A Difference (January 31, 2014)MORE INFODemonstrative evidence is anything and everything, regardless of whether admissible or even offered as evidence. This includes attorney/client/witness demeanor in the courtroom, which tends to convey to and evoke from the jury a "sense impression" that will benefit our case, whether through advancing our case in chief or diminishing the prosecution s case. This session will show you how to use everything and anything to further your defense case to the jury. The Winning Strategies Seminar, took place January 30 to February 1, 2014. It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of the advanced practitioner and the less experienced attorney alike. Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more. The following Winning Strategies presentations were recorded and are available for viewing:Impeaching Testifying WitnessesImportant Issues to Consider When Defending Clients in Child Porn CasesHow Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" CasesEducating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an ExcuseOpening Statements: Winning It Now -- Winning It Here"Do You Hear What I Hear?" Why Demonstrative Evidence Makes A DifferencePanel Discussion: Ethical Issues Confronting Criminal Defense AttorneysFormats Available: On-DemandOriginal Seminar Date: January 31, 2014Approved Credit: DSOTD: 60.00 MinutesMORE INFOOpening Statements: Winning It Now -- Winning It Here (January 31, 2014)MORE INFOWhat a confused, possibly fearful, jury needs, wants and deserves from you, its orientation leader. Opening statements establish the context in which the jurors will interpret all of the evidence they hear during the trial. Learn how to use this opportunity to communicate your theory of defense to the jury.The Winning Strategies Seminar, took place January 30 to February 1, 2014. It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of the advanced practitioner and the less experienced attorney alike. Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more. The following Winning Strategies presentations were recorded and are available for viewing:Impeaching Testifying WitnessesImportant Issues to Consider When Defending Clients in Child Porn CasesHow Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" CasesEducating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an ExcuseOpening Statements: Winning It Now -- Winning It Here"Do You Hear What I Hear?" Why Demonstrative Evidence Makes A DifferencePanel Discussion: Ethical Issues Confronting Criminal Defense AttorneysFormats Available: On-DemandOriginal Seminar Date: January 31, 2014Approved Credit: DSOTD: 60.00 MinutesMORE INFOA Drug is Not a Drug. A Gun is Not a Gun. Ten Questions You Need to Ask to Lift the Veil (12/2018) (December 01, 2018)MORE INFOThis session explores the concept that there are no typical or normal drug and gun cases. But there are tools which will be discussed to help expose the government s motivation to bring the case.Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 53.00 MinutesMORE INFOEffective Use of Data and Experts to Litigate Race (12/2018) (December 01, 2018)MORE INFOExperts can help courts and juries understand the importance of race in various areas that impact clients life experiences both prior to and within the context of the criminal justice system.This presentation will focus on how to recognize the need for such experts and how to obtain funding for their services.Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 53.00 MinutesMORE INFOThe Government\'s Increasingly Aggressive Game of Hide the Witness: What Can We Do (12/2018) (December 01, 2018)MORE INFOWay back in 1954, the Supreme Court acknowledged the informant s privilege, allowing the government to withhold the identities of behind-the-scene tipsters. More than a half-century later, that game has changed. Often invoking concerns about witness safety, the government is now concealing the names of even eyewitnesses to the charged crime. And sensitive to witness safety, our courts are inclined to aid-and-abet that concealment. What can we do? The federal rules regarding what is due, when, are fuzzy, and local discovery practice varies from district-todistrict. So this program doesn t promise one-size-fits-all answers. And it s not about early production of witness lists. Instead, it hopes to diagnose a problem: the government s sometimes unconstitutional interference with the defense function. Acknowledging a difference between all that what we want and what we truly need, this program envisions a withinsession dialog about getting what we need. Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 48.00 MinutesMORE INFOPleas and Plea NegotiationsPlea Negotiations and Proffers (2/2011) (February 10, 2011)MORE INFOA discussion of how to negotiate a plea, with a particular focus on providing charge alternatives that limit a client s exposure, and avoiding pitfalls as you guide your client through proffers to the government. These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present nuts and bolts defenses to firearms, drugs, child pornography and immigration prosecutions as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court s recent criminal law decisions and insights into that Court s pending criminal cases. They also head forecasts from the Sentencing Resource Counsel s representatives on proposed guideline amendments and learned strategies to better advocate for and achieve just sentences. The following Winning Strategies presentations were recorded and are available for viewing: Other Computer Crimes - Child Pornography Isn t The Only Game in Town Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration Introduction to Defending Computer Based Child Pornography Cases Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Mitigation Experts/Tools/Tricks/Fireworks Determining Crimes of Violence Violent Felonies The ABC s of Computer Crimes Forensics Panel Discussion: Ethical Issues Confronting Criminal Defense AttorneysThe Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday. The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing: Formats Available: On-DemandOriginal Seminar Date: February 10, 2011On-Demand Release Date: Available NowApproved Credit: DSOTD: 47.00 MinutesMORE INFOGetting The Most Out of Plea Agreements, Cooperation and Navigating the Dangers of a Proffer (1/2017) (January 12, 2017)MORE INFOThese presentations were recorded January 12 -14 2017, during the Winning Strategies Seminar and Fundamentals of Federal Criminal Defense Training in Long Beach, California. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretiral, trial, sentencing and appellate relief in a wide variety of federal cases. Formats Available: On-DemandOriginal Seminar Date: January 12, 2017On-Demand Release Date: Available NowApproved Credit: DSOTD: 55.00 MinutesMORE INFOSentencingLitigating Mitigating Factors: Departures, Variances, and Alternatives To Incarceration (February 10, 2011)MORE INFOThe 2010 Guideline amendments specifically set forth sentencing possibilities which may serve as an alternatives to incarceration. Alternatives such as treatment for substance abuse and mental health conditions as well as departures for age, physical condition (including substance abuse), mental and emotional conditions, and military service must be revisited and offered up to the sentencing court as appropriate alternative options to fulfill the sentencing requirements set forth in 18 U.S.C. § 3553(a). This session will explore the practical implications of the amendments and ways to advocate for options which move away from incarceration. These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences.The following Winning Strategies presentations were recorded and are available for viewing: Other Computer Crimes - Child Pornography Isn't The Only Game in Town Litigating Mitigating Factors: Departures, Variances, and Alternatives to IncarcerationIntroduction to Defending Computer Based Child Pornography Cases Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Mitigation Experts/Tools/Tricks/Fireworks Determining "Crimes of Violence" "Violent Felonies"The ABC's of Computer Crimes' Forensics Panel Discussion: Ethical Issues Confronting Criminal Defense AttorneysThe Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday. The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing: Bail Reform Act Plea Negotiations and ProffersFormats Available: On-DemandOriginal Seminar Date: February 10, 2011On-Demand Release Date: Available NowApproved Credit: DSOTD: 69.00 MinutesMORE INFODetermining \"Crimes Of Violence\" & \"Violent Felonies\" (8/2011) (February 12, 2011)MORE INFONo single sentencing calculation inflicts more harm than a determination that a client’s previous conviction(s) qualifies as a "crime of violence" or "violent felony." Such a finding exposes the client to huge guideline offense-level enhancements and/or to increased statutory minimum sentences. But recent Supreme Court jurisprudence in Johnson, James, and Begay has significantly empowered defense counsel to combat these designations. This session will teach you how to determine whether a previous conviction actually qualifies as a crime of violence or violent felony and how to defend against any such erroneous characterization. These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences. The following Winning Strategies presentations were recorded and are available for viewing: Other Computer Crimes - Child Pornography Isn't The Only Game in Town Litigating Mitigating Factors: Departures, Variances, and Alternatives to IncarcerationIntroduction to Defending Computer Based Child Pornography Cases Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Mitigation Experts/Tools/Tricks/Fireworks Determining "Crimes of Violence" "Violent Felonies"The ABC's of Computer Crimes' Forensics Panel Discussion: Ethical Issues Confronting Criminal Defense AttorneysThe Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday. The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing: Bail Reform Act Plea Negotiations and ProffersFormats Available: On-DemandOriginal Seminar Date: February 12, 2011On-Demand Release Date: Available NowApproved Credit: DSOTD: 50.00 MinutesMORE INFORecidivism, Recidivism, Recidivism: How to Mitigate Your Client\'s Criminal History (8/2011) (August 19, 2011)MORE INFOAttacking the Guideline’s "second axis," criminal history, requires a keen understanding of how the Sentencing Commission justified guideline range increases based on past convictions and how the "science" behind the guidelines may be lacking. This session will discuss some of the common tools used to predict recidivism (criminal history scores, actuarial risk assessments) and how attorneys can use them to advocate for lower sentences. It will also discuss common barriers to reentry and how they may be used to explain why your client may not be as "bad" as the criminal history score suggests. An important session, which explores how to advocate for departures based upon over representation of criminal history and variances based on 18 U.S.C. § 3553(a) factors. These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington. The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday. On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest. The following Multi-Track presentations were recorded and are available for viewing:Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation ToolFingerprints: Understanding Challenging Science Firearm and Toolmark IdentificationRecidivism, Recidivism, Recidivism: How to Mitigate Your Client's Criminal History The Fine Print: Avoiding Restrictive Conditions of Supervised ReleaseAttacking and Understanding DNADefending Against Armed Career Criminal Career Offender DesignationsFormats Available: On-DemandOriginal Seminar Date: August 19, 2011Approved Credit: DSOTD: 53.00 MinutesMORE INFODefending Against Armed Career Criminal & Career Offender Designations (August 19, 2011)MORE INFOFew areas of defense are more frustrating than dealing with this draconian fifteen year mandatory. We know the dread of seeing our client’s three relevant prior convictions and yet, after that dread clears we can attack, defend and deflect the ACCA and Career Offender designations - learn how. These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington. The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday. On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest. The following Multi-Track presentations were recorded and are available for viewing:Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation ToolFingerprints: Understanding Challenging Science Firearm and Toolmark IdentificationRecidivism, Recidivism, Recidivism: How to Mitigate Your Client's Criminal History The Fine Print: Avoiding Restrictive Conditions of Supervised ReleaseAttacking and Understanding DNADefending Against Armed Career Criminal Career Offender DesignationsFormats Available: On-DemandOriginal Seminar Date: August 19, 2011Approved Credit: DSOTD: 54.00 MinutesMORE INFOMitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence (8/2012) (August 23, 2012)MORE INFOA lively romp through the fantastic possibilities of bringing your client's story to life during the sentencing phase. There are a variety of experts and tools you can use when emphatically telling the court about the mitigating factors which should result in your client's lower sentence. This well regarded presentation takes aim at opening your mind up to re-thinking strategies which may result in the court embracing your pitch for a variant/lesser sentence. Judges are repeatedly telling us they want more information and this session discusses that information and how to effectively present it. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 23, 2012Approved Credit: DSOTD: 42.00 MinutesMORE INFOThe Federal Sentencing Guidelines: Walking Before We Run (1/2017) (January 13, 2017)MORE INFOThe key to mastering the application of the federal sentencing guidelines, and then avoiding the full brunt of what they call for, is understanding their fundamentals: the theories upon which they operate. A solid grasp of those fundamentals is equally important to helping clients better understand their place on the sentencing table.This session focuses on a big picture understanding of the guidelines. It is ideal for the less seasoned federal practitioners, but useful as a refresher for everyone.Formats Available: On-DemandOriginal Seminar Date: January 13, 2017MORE INFOThe Federal Sentencing Guidelines: Let's Run (1/2017) (January 13, 2017)MORE INFOWorking from the fundamentals that were the focus of the earlier session, this hour will explore particular aspects of guideline application. As importantly, time will be devoted to mitigating the guidelines: effectively communicating to the sentencing judge how and why, on case-specific terms, the correct calculation of a client s offense level and criminal history score produces a recommended sentence greater than necessary to serve the goals of federal sentencing.Formats Available: On-DemandOriginal Seminar Date: January 13, 2017MORE INFOChallenging Drug Predicates (12/2018) (December 01, 2018)MORE INFODoes it seem like nothing is a crime of violence but everything is a controlled substance offense? In this session, we will share legal challenges to the characterization of offenses as controlled substance offenses (Guidelines), felony drug offenses (851), and serious drug offenses (ACCA). More ways to save your client years, even decades, in prison.Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 49.00 MinutesMORE INFOThe Categorical Approach - A Primer (12/2018) (December 01, 2018)MORE INFO I love the categorical approach! said no federal practitioner (or court), ever. The categorical approach has been a thorn in our sides since it was created by the Supreme Court in Taylor v. United States, 495 U.S. 575 (1990). From the Armed Career Criminal Act, to Section 924(c); from the career offender guideline, to child pornography sentencing enhancements, the categorical approach cannot be avoided. But while it may be here to stay, this analytical framework has proven to be one of our greatest tools to achieve substantive relief for our clients. In this interactive presentation, attendees will work through each step of the categorical and modified categorical approach analyses. The presentation will place particular emphasis on post-Mathis issues of statutory divisibility and the use ofShepard-approved documents. Attendees will leave this session with a greater comfort in employing the categorical approach, will be able to identify common missteps and opportunities for advocacy, and will perhaps even leave with some fondness for the framework so many have grown to hate. Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 52.00 MinutesMORE INFOProbation/Supervised ReleaseThe Fine Print & Not Letting Clients Be Doomed to Sentencing Conditions: Avoiding Courts Imposing Restrictive Conditions During Supervised Release or Probation (8/2011) (August 19, 2011)MORE INFOAt the end of a hard-fought sentencing you breathe a sigh of relief and a start to gather up your file. But wait! The judge is still talking! By checking out early, you may have doomed your client to years (or, in the case of some offenders, a lifetime!) of oppressive conditions of supervised release. Supervised release conditions are among the most litigated aspects of sentencing today. This session provides strategies for fighting special conditions, particularly the onerous conditions imposed on clients with current or past sex offenses. For these offenders there are issues abound – internet access, employment, housing, child visitation, and even access to movies and magazines. Learn the tricks of overzealous courts and probation officers and gain new tactics of your own as you struggle to keep your clients free upon release. These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington. The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday. On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest. The following Multi-Track presentations were recorded and are available for viewing:Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation ToolFingerprints: Understanding Challenging Science Firearm and Toolmark IdentificationRecidivism, Recidivism, Recidivism: How to Mitigate Your Client's Criminal History The Fine Print: Avoiding Restrictive Conditions of Supervised ReleaseAttacking and Understanding DNADefending Against Armed Career Criminal Career Offender DesignationsFormats Available: On-DemandOriginal Seminar Date: August 19, 2011Approved Credit: DSOTD: 51.00 MinutesMORE INFOBureau of PrisonsPractical Tips If Your Client Faces incarceration In A Federal Prison (1/2017) (January 13, 2017)MORE INFOThis session will provide practical tips if your client faces federal imprisonment. It will include factors to consider for your client to obtain a federal sentence at the least restrictive possible facility and receive the earliest feasible release date.Formats Available: On-DemandOriginal Seminar Date: January 13, 2017MORE INFOComputer & Tech IssuesThe ABC\'S Of Computer Crimes\' Forensics (8/2010) (February 12, 2011)MORE INFOAll is not as it seems when it comes to computers. Is what you see on the screen really there? And how did it get there? Does it belong to your client? Who put it there and when did it get there? These questions may be key to your defense. This session addresses those and similar issues that arise in cases involving computers. These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences. The following Winning Strategies presentations were recorded and are available for viewing: Other Computer Crimes - Child Pornography Isn't The Only Game in Town Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration Introduction to Defending Computer Based Child Pornography Cases Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Mitigation Experts/Tools/Tricks/Fireworks Determining "Crimes of Violence" "Violent Felonies" The ABC’s of Computer Crimes' Forensics Panel Discussion: Ethical Issues Confronting Criminal Defense AttorneysThe Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday. The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing: Bail Reform Act Plea Negotiations and ProffersFormats Available: On-DemandOriginal Seminar Date: February 12, 2011On-Demand Release Date: Available NowApproved Credit: DSOTD: 58.00 MinutesMORE INFOComputer Forensics 101 (8/2010) (October 13, 2011)MORE INFOThis presentation provides attendees with the basic information that they need to understand the terminology, concepts, and technology of computer forensics. Among the topics covered: why computer forensics is possible (hint: the delete key is a myth); how to read a law enforcement forensics report; deposing and cross examining a computer forensics expert; when to hire an independent computer forensics examiner in criminal or civil cases; and, trends in computer forensics court decisions.These presentations were recorded October 13-14, 2011, during the Criminal Justice Act Panel Training for the Southern Federal Defender Program in Mobile, Alabama. The seminar is the yearly training program offered by the defender office for the local CJA panel. It addressed a number of criminal legal topics of both local and national interest. The following presentations were recorded and are available for viewing: Motions In Limine: New Areas of Attack When At the Threshold Computer Forensics 101 Peer-to-Peer Crimes and Investigations: An Overview 3553(a): Two Stories, One Goal Defending Those Who Defend Us - Considerations When Defending Veterans Defending Against Sentencing Enhancements in Immigration Case Sentencing: Deconstructing Drug GuidelinesFormats Available: On-DemandOriginal Seminar Date: October 13, 2011On-Demand Release Date: Available NowApproved Credit: DSOTD: 81.00 MinutesMORE INFOHow Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc. (8/2010) (January 31, 2014)MORE INFOLaw enforcement s tracking of cell phones has become a powerful and widely used surveillance tool for both federal authorities and local police alike, with hundreds of departments aggressively tracking cell phones with little to no court oversight. The practice of tracking cell phones and smartphones has become big business for companies with some carriers marketing a host of services to law enforcement for surveillance fees. That smartphone in a client s pocket may be able to determine a suspect s location, trace phone calls and texts, or provide other services to inquiring law enforcement. Some in law enforcement describe these devices as the virtual biographer of our daily activities. Yet, there are pitfalls, misleading data and misunderstood technology which may lead to erroneous conclusions by law enforcement and attorneys alike. This discussion will get attorneys started on learning the lay of the land and help attendees understand the issues, the technology and the problems with over reliance on these virtual biographers. The Winning Strategies Seminar, took place January 30 to February 1, 2014. It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of the advanced practitioner and the less experienced attorney alike. Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more. The following Winning Strategies presentations were recorded and are available for viewing: Impeaching Testifying Witnesses Important Issues to Consider When Defending Clients in Child Porn Cases How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc. Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse Opening Statements: Winning It Now -- Winning It Here "Do You Hear What I Hear?" Why Demonstrative Evidence Makes A Difference Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: January 31, 2014On-Demand Release Date: Available NowApproved Credit: DSOTD: 60.00 MinutesMORE INFOEthicsPlenary: Ethical Issues Confronting Criminal Defense Attorneys (August 25, 2012)MORE INFOWhile lawyers may not always agree on what is best, this discussion provides meaningful questions, good answers and make us all laugh about the trials and tribulations we often experience when trying to make even the most difficult clients happy - and all while making sure we meet our ethical obligations. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 25, 2012Approved Credit: DSOTD: 60.00 MinutesMORE INFOEthically Investigating and Preparing Your Snitch Using Social Media, Rule 17(c) Subpoenas, Cell Phone Data, and Anything Else You Can Find (12/2018) (December 01, 2018)MORE INFOThis interactive session will discuss the key Rules of Professional Conduct that should guide attorneys when collecting and using social media, subpoenas, cell phone data, and anything else you can find to destroy the government s key witness the snitch.Formats Available: On-DemandOriginal Seminar Date: December 01, 2018On-Demand Release Date: Available NowApproved Credit: DSOTD: 60.00 MinutesMORE INFOMental HealthRecognizing and Confronting Mental Health Issues (August 14, 2010)MORE INFOForty-five percent of federal prisoners have had a mental health problem, and 40% of federal prisoners have had symptoms of a mental health disorder. In the post-Booker world, the history and characteristics of the offender are important sentencing considerations for the court. This session focuses on how to use a history and symptoms of mental illness to inform the sentence of the appropriate, and below guidelines sentence. Learn about the signs that could indicate the need for further evaluation and what to do with the information once you have it.These presentations were recorded August 12-14, 2010, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Miami, Florida. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense topic areas. Five of the tracks - Fraud, Computer Crimes, Immigration, Sentencing and Forensics - were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 12, 2010, and then repeated on Friday, August 13, 2010. The seminar design provided seminar participants with the opportunity to attend two of the five separate tracks taking place on Thursday and Friday. On Saturday, August 14, 2010, seminar participants had the opportunity to attend both plenary and small group breakout sessions. Those sessions addressed topics of general interest and importance to criminal defense practitioners. The following Multi-Track presentations were recorded and are available for viewing: Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool Litigation Tactics and Defending A Mortgage Fraud CaseDiscovery and Challenges to Crime LabsHow a Criminal Conviction Will Impact Your Client's Future Immigration StatusDefending Against Charges of Alien Smuggling, Alien Transportation, and Alien HarboringSupreme Court UpdateIdentity TheftIsms and Schisms - How We Unknowingly Make Decisions Which Impact Our CasesRecognizing and Confronting Mental Health IssuesThe Nuts and Bolts of Trying Firearms CasesPanel Discussion "Ethical Issues Confronting Criminal Defense Attorneys" The Fundamentals of Federal Criminal Defense Training was a full day program specifically designed for practitioners who were new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. The following Fundamentals of Federal Criminal Defense Training Sessions were recorded and are available for viewing: Discovery Issues With a Twist – Rule 16 and MoreIntroduction to the Federal Sentencing Guidelines (Sentencing Guidelines 101) Practical Tips if Your Client Faces Incarceration in a Federal PrisonFormats Available: On-DemandOriginal Seminar Date: August 14, 2010On-Demand Release Date: Available NowApproved Credit: DSOTD: 60.00 MinutesMORE INFOEducating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuseses (January 31, 2014)MORE INFOAccording to the Centers for Disease Control and Prevention (CDC), Fetal Alcohol Syndrome Disorders (FASD) is a group of conditions that can occur in a person whose mother drank alcohol during pregnancy. The recently published DSM-5 recognized FASD as a neurodevelopmental disorder (i.e., Neurodevelopmental Disorder associated with Prenatal Alcohol Exposure, or ND-PAE). FASD includes a range of disorders that depend on the type of symptoms the person experiences, including: Fetal Alcohol Syndrome (FAS); Alcohol-Related Neurodevelopmental Disorder (ARND); and Alcohol-Related Birth Defects (ARBD). Because as many as 60 percent of those with FASD have a history of trouble with the law with the average age of initial juvenile justice system contact being 12.8 years the ABA recently called for enhancing FASD awareness among lawyers and judges, including the value of interdisciplinary collaboration to better help those with these conditions. Learn more about the part FASD may play in your case.The Winning Strategies Seminar, took place January 30 to February 1, 2014. It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of the advanced practitioner and the less experienced attorney alike. Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more. The following Winning Strategies presentations were recorded and are available for viewing:Impeaching Testifying WitnessesImportant Issues to Consider When Defending Clients in Child Porn CasesHow Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" CasesEducating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an ExcuseOpening Statements: Winning It Now -- Winning It Here"Do You Hear What I Hear?" Why Demonstrative Evidence Makes A DifferencePanel Discussion: Ethical Issues Confronting Criminal Defense AttorneysFormats Available: On-DemandOriginal Seminar Date: January 31, 2014Approved Credit: DSOTD: 60.00 MinutesMORE INFOImmigration Consequences of ConvictionPadilla and Attorneys\' Obligations When Advising Clients (8/2012) (August 23, 2012)MORE INFOThe Supreme Court's recent holding in Padilla v. The Commonwealth of Kentucky now means the lawyer for an alien charged with a crime has a constitutional obligation to tell the client that a guilty plea carries a risk that he will be deported. Yet, under what circumstances does this new constitutional obligation arise and to what degree must the criminal defense attorney delve into advising the client about civil immigration law? This session will help explain how attorneys can best handle not killing their client’s chances of remaining in the country and to what degree a criminal defense lawyer must take on the new role of Immigration Lawyer. These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois. The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday. On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques issues. The following sessions were recorded and are available for viewing: Padilla and Attorneys' Obligations When Advising Clients The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence CJA Resources Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony Laboratory Reports Received in Discovery Critical Issues to Consider When Defending Immigration Matters Experts: How to Use Them, Abuse Them and Keep Them Off The Stand Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches Developing a Theory and Theme Driven Trial Strategy Openings Computerized Presentations in the Courtroom Ethical Issues Confronting Criminal Defense Attorneys Formats Available: On-DemandOriginal Seminar Date: August 23, 2012Approved Credit: DSOTD: 70.00 MinutesMORE INFOCJA Panel InformationEssential Role of Investigation in CJA Cases (1/2017) (January 12, 2017)MORE INFOAs cases continue to grow complex with more discovery and information regarding the guilt phase as well as the sentencing phase, the services of a trained and dedicated investigator can be invaluable. Hear from a long time indigent defense investigator about the road map towards a successful investigation in all phases of a CJA case. An attorney will join the discussion of how the investigator can assist throughout the life cycle of a case, including quickly locating and interviewing witnesses, obtaining information from digital and paper records and seeking out information that can be important factors for the court to consider at sentencing. The discussion will include information about how to obtain funding for investigative and other expert services.Formats Available: On-DemandOriginal Seminar Date: January 12, 2017MORE INFOVeterans IssuesDefending Those Who Defend Us - Considerations When Defending Veterans (10/2011) (October 13, 2011)MORE INFOThe adjustments to the illegal re-entry guideline can add 4 to 6 years to a recommended sentence. This presentation focuses on a systematic approach to legal objections involving crimes of violence, drug trafficking offenses, aggravated felonies, and felonies designed to minimize the effect of these upward adjustments.These presentations were recorded October 13-14, 2011, during the Criminal Justice Act Panel Training for the Southern Federal Defender Program in Mobile, Alabama. The seminar is the yearly training program offered by the defender office for the local CJA panel. It addressed a number of criminal legal topics of both local and national interest. The following presentations were recorded and are available for viewing: Motions In Limine: New Areas of Attack When At the Threshold Computer Forensics 101 Peer-to-Peer Crimes and Investigations: An Overview 3553(a): Two Stories, One Goal Defending Those Who Defend Us—Considerations When Defending Veterans Defending Against Sentencing Enhancements in Immigration Case Sentencing: Deconstructing Drug GuidelinesFormats Available: On-DemandOriginal Seminar Date: October 13, 2011On-Demand Release Date: Available NowApproved Credit: DSOTD: 71.00 MinutesMORE INFO Defender Services Office Training DivisionAdministrative Office of the United States CourtsOne Columbus Circle, N.E. Suite 4-200Washington, DC 20544 Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. This website uses cookies to enhance the convenience and use of the site, and has placed cookies already. You can delete or block cookies within your browser settings. 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