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.

“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.

Seminar Information
Seminar Date:
December 01, 2018
The Categorical Approach - A Primer
Speaker Information
Kara Hartzler
Individual topic purchase: Selected
Defender Services Office Training Division
Minutes: 52.00
Products
Streaming
DSOTD Price:$0.00