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.

 


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Race, Ethnicity, and Culture
Collapse How Critical Race Theory Improves Drug Courier and 8 U.S.C. 1326 Representation

This 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: Streaming
Original Seminar Date: June 09, 2020
On-Demand Release Date: Available Now
MORE INFOMORE INFO How Critical Race Theory Improves Drug Courier and 8 U.S.C. 1326 Representation
RICO/Hobbs Act
Collapse Trial Strategies in RICO Cases (12/2018)

This 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: Streaming
Original Seminar Date: December 01, 2018
On-Demand Release Date: Available Now

Approved Credit:
  • DSOTD: 0.42 Minutes

  • MORE INFOMORE INFO Trial Strategies in RICO Cases (12/2018)
    Bail/Pretrial Release
    Discovery
    Search and Seizure
    Collapse Where
    Law 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: Streaming
    Original Seminar Date: August 23, 2012

    Approved Credit:
  • DSOTD: 1 Minutes

  • MORE INFOMORE INFO Where
    Collapse The Fourth Amendment and Third Party Doctrine After Carpenter (12/2018)

    Last 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 49.00 Minutes

  • MORE INFOMORE INFO The Fourth Amendment and Third Party Doctrine After Carpenter (12/2018)
    Collapse The Government Had My Wires Tapped: Litigating Title III Wiretap Challenges (12/2018)

    In 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO The Government Had My Wires Tapped: Litigating Title III Wiretap Challenges (12/2018)
    Statements
    Evidence (Including Forensic)
    Collapse The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories (8/2012)
    Witnesses, 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: Streaming
    Original Seminar Date: August 23, 2012

    Approved Credit:
  • DSOTD: 51.00 Minutes

  • MORE INFOMORE INFO The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories (8/2012)
    Collapse Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches (8/2012)
    Trace 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: Streaming
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 70.00 Minutes

  • MORE INFOMORE INFO Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches (8/2012)
    Collapse Challenging Laboratory Reports Received in Discovery (8/2012)
    As 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: Streaming
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 57.00 Minutes

  • MORE INFOMORE INFO Challenging Laboratory Reports Received in Discovery (8/2012)
    Collapse Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government\
    Before 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: Streaming
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 62.00 Minutes

  • MORE INFOMORE INFO Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government\
    Collapse Demonstrative Evidence and Aids (12/2018)

    Sometimes, a picture is worth a thousand words. This session will address the elements of the effective use of audio-visual aids in litigation

    Formats Available: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 56.00 Minutes

  • MORE INFOMORE INFO Demonstrative Evidence and Aids (12/2018)
    Collapse DNA: Where to Start in your Case (12/2018)
    Formats Available: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 56.00 Minutes

  • MORE INFOMORE INFO DNA: Where to Start in your Case (12/2018)
    Collapse Challenging Pattern Recognition Evidence - Fingerprints & Firearm Toolmark Analysis (AKA Ballistics) (12/2018)

    This 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 individualize latent 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Challenging Pattern Recognition Evidence - Fingerprints & Firearm Toolmark Analysis (AKA Ballistics) (12/2018)
    Expert Witnesses
    Collapse Experts: How to Use Them, Abuse Them and Keep Them Off The Stand (8/2012)
    "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: Streaming
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 61.00 Minutes

  • MORE INFOMORE INFO Experts: How to Use Them, Abuse Them and Keep Them Off The Stand (8/2012)
    Trial Skills and Trial-Related Issues
    Collapse Plenary: Developing a Theory and Theme Driven Trial Strategy (8/2012)
    Brainstorming 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: Streaming
    Original Seminar Date: August 25, 2012

    Approved Credit:
  • DSOTD: 55.00 Minutes

  • MORE INFOMORE INFO Plenary: Developing a Theory and Theme Driven Trial Strategy (8/2012)
    Collapse Openings (8/2012)
    Some 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: Streaming
    Original Seminar Date: August 25, 2012

    Approved Credit:
  • DSOTD: 62.00 Minutes

  • MORE INFOMORE INFO Openings (8/2012)
    Collapse Computerized Presentations in the Courtroom (8/2012)
    It 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: Streaming
    Original Seminar Date: August 25, 2012

    Approved Credit:
  • DSOTD: 62.00 Minutes

  • MORE INFOMORE INFO Computerized Presentations in the Courtroom (8/2012)
    Collapse Impeaching Testifying Witnesses (1/2014)

    The 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: Streaming
    Original Seminar Date: January 30, 2014
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Impeaching Testifying Witnesses (1/2014)
    Collapse A Drug is Not a Drug. A Gun is Not a Gun. Ten Questions You Need to Ask to Lift the Veil (12/2018)

    This 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 53.00 Minutes

  • MORE INFOMORE INFO A Drug is Not a Drug. A Gun is Not a Gun. Ten Questions You Need to Ask to Lift the Veil (12/2018)
    Collapse Effective Use of Data and Experts to Litigate Race (12/2018)

    Experts 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 53.00 Minutes

  • MORE INFOMORE INFO Effective Use of Data and Experts to Litigate Race (12/2018)
    Collapse The Government\

    Way 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 48.00 Minutes

  • MORE INFOMORE INFO The Government\
    Pleas and Plea Negotiations
    Collapse Getting The Most Out of Plea Agreements, Cooperation and Navigating the Dangers of a Proffer (1/2017)

    These 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.

     

     

     

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    X
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    Formats Available: Streaming
    Original Seminar Date: January 12, 2017
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 55.00 Minutes

  • MORE INFOMORE INFO Getting The Most Out of Plea Agreements, Cooperation and Navigating the Dangers of a Proffer (1/2017)
    Sentencing
    Collapse Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence (8/2012)
    A 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: Streaming
    Original Seminar Date: August 23, 2012

    Approved Credit:
  • DSOTD: 42.00 Minutes

  • MORE INFOMORE INFO Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence (8/2012)
    Collapse Challenging Drug Predicates (12/2018)

    Does 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 49.00 Minutes

  • MORE INFOMORE INFO Challenging Drug Predicates (12/2018)
    Collapse The Categorical Approach - A Primer (12/2018)

    “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 of Shepard-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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 52.00 Minutes

  • MORE INFOMORE INFO The Categorical Approach - A Primer (12/2018)
    Probation/Supervised Release
    Bureau of Prisons
    Computer & Tech Issues
    Collapse How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc. (8/2010)

    Law 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: Streaming
    Original Seminar Date: January 31, 2014
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc. (8/2010)
    Supreme Court Update
    Ethics
    Collapse Ethically Investigating and Preparing Your Snitch Using Social Media, Rule 17(c) Subpoenas, Cell Phone Data, and Anything Else You Can Find (12/2018)

    This 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: Streaming
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Ethically Investigating and Preparing Your Snitch Using Social Media, Rule 17(c) Subpoenas, Cell Phone Data, and Anything Else You Can Find (12/2018)
    Mental Health
    Immigration Consequences of Conviction
    Civil Commitment of Sex Offenders
    CJA Panel Information
    Crime Victims Rights
    Veterans Issues