Criminal Law Library Blog
|
NJSBA NEWS Briefs September 13, 2024
Articles Posted in Legal News and Views
BOLTS: State by State Guide to the 2024 Supreme Court Elections
BOLTS* “ The Texas supreme court closed out 2023 by blocking an abortion during a medical emergency, forcing a woman to flee the state. Just days before Christmas, Wisconsin justices struck down the state’s GOP-drawn gerrymanders. So far this year, Montana’s supreme court has stepped in to protect voting rights, while a decision in Alabama threatened in vitro fertilization treatments.
In each of these states, unlike at the federal level, voters chose who sits on the bench and which judges get to dictate such profound consequences. And the 2024 elections may now reshape who holds power on supreme courts across the country.
Thirty-three states have elections for their high courts this year; some have as many as five or six seats on the ballot. In total, 82 seats are up for voters to decide.
ABA Taskforce Report on the Impact of AI on the Practice of Law: Year 1
In August 2023, Mary Smith, President of the American Bar Association (ABA), announced the creation of the ABA Presidential Taskforce on Law and Artificial Intelligence to “bring together lawyers and judges from across the ABA to address the impact of AI on the legal profession and the practice of law.” From it’s beginning, the Taskforce has been concentrating it’s efforts on a broad array of critical AI issues of concern to ABA, including AI’s impact on the legal profession, the courts, legal education, access to justice, governance, risk management, and challenges with generative AI. During the past year, the Task Force has been active on a number of fronts, addressing these issues from various perspectives, including the preparation of it’s Task Force Report on the Impact of AI on the Practice of Law: Year 1 On the Impact of AI on the Practice of Law, released August 2024.
Quoting from the Report: “This Report addresses the critical AI issues that impact lawyers and judges in the practice of law, and provides insights and resources that will equip the legal community to effectively address and leverage these developments. Given the rapid pace of change in the AI landscape (the National Institute of Standards and Technology (NIST) released new guidance documents as this Report was being finalized), and the need to give the AI developments the attention they deserve, the AI Task Force will continue its work in the new bar year (2024-25).
Highlights of the AI Task Force’s year [as mentioned in the Report] include:
ABA Criminal Justice Announcements: August 28 Through October 14, 2024
|
||||||||
|
||||||||
|
||||||||
|
The Trump Assassination Attempt is the Latest Threat to American Democracy
The attempted assassination of former President Donald Trump on Saturday was a dreadful and unspeakable event, marking a significant and alarming blow to America’s already tenuous grasp on democracy and the rule of law. Such an attack on an individual campaigning for the highest office in the nation is not just an act of violence against a person but a direct assault on the foundational principle that every voter has the right to choose their representatives freely and without fear.
The health of a democracy relies on the steadfast rejection of political violence as a tool to silence opponents, particularly those whose views we find most objectionable. The moment we resort to such means, we undermine the very fabric of democratic society. For democracy to thrive, it is essential to tolerate a broad spectrum of views, even those that challenge our own beliefs. Respecting the choices made by the electorate, even when they result in the election of candidates we vehemently oppose, is crucial.
.Amherst professor Austin Sarat in his essay, Trump Assassination Attempt is the Latest Threat to America’s Already Fragile Democracy, But it is Not the One, published in VERDICT, discusses this topic in greater detail. Quoting from professor Sarat’s introduction:
Trump v. United States: Donald Trump is Entitled to Some Immunity from Prosecution
Trump v. United States: No.23-939. Argued April 25, 2024-Decided July 1, 2024.
The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to substantial immunity from prosecution, delivering a major statement on the scope of presidential power. The vote was 6 to 3, dividing along partisan lines. The ruling makes a distinction between official conduct of a president and the actions of a private citizen. The high court’s 6-3 ruling along ideological lines sends the case back to the lower court to determine what acts alleged in Donald Trump’s indictment on charges of trying to subvert the 2020 election are official or unofficial. A dissent from the liberal wing laments a vast expansion of presidential power.
“The decision will almost surely delay the trial of the case against him on charges of plotting to subvert the 2020 election past the coming election in November. If that happens and Mr. Trump wins, he could order the Justice Department to drop the charges.” Adam Liptak, New York Times.
AI in Criminal Justice: Automated Decision-making Tools and Technology, From Policing to Corrections
On June I attended a CLE webinar, AI in Criminal Justice: Automated Decision-making Tools and Technology, From Policing to Corrections, sponsored by the Civil Rights and Social Justice Section of the American Bar Association. Below is a brief description of topics covered and a list of useful resources for those interested in pursuing these topics in greater detail:
Panelists discussed automated decision-making tools used by law enforcement, prosecutors, defense attorneys, judges, and corrections officials. They explained a panoply of tools, including genealogical DNA investigations, predictive policing technologies, risk assessment algorithms and facial recognition technology. The panel offered perspectives on the purported benefits of the tools, and the potential harms of the tools, especially adverse racial impacts. In addition, the panel discussed new technologies and other tools now available to defense counsel to help level the playing field with the resources available to prosecutors.
Panelists
Jury Instructions and Charges in the New York Trial Courts: A Balancing Act
The recent high-profile trial of former president Donald Trump has reignited discussions on the role of jury instructions in shaping verdicts. This post is based in part on the following query we asked Gemini following the triaI: I need a broad discussion of jury instructions and charges to the jury in trial courts of the state of New York. The following explores the purpose and content of jury instructions in New York courts. We’ve also included a link to the final instructions and a transcript from the recently concluded trial of Donald Trump
Jury instructions and charges are a cornerstone of a fair trial in New York courtrooms. They act as a bridge between the complex legal world and the understanding of laypeople on the jury. Let’s delve into the significance of this exchange and the considerations involved. For more detailed information see: New York Criminal Jury Instructions and Model Colloquies. For the latest additions and revisions see CJI2d & MC History. For New York Civil Jury Instructions see CPJI- Civil Pattern Jury Instructions –all from the New York State Unified Court System.
The Importance of Clear and Precise Instructions
Report on the Investigation Into Unauthorized Classified Documents Discovered at Various Locations Related to President Joseph Biden
This posting includes an excerpt from the Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr. prepared for the Attorney General of the United States by Special Counsel Robert K. Hur and his staff, and a link to the entire document.
EXCERPT:
“We conclude that no criminal charges are warranted in this matter. 1 We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.
ABA Issues Formal Opinion on Lawyers’ Use of Listservs
Lawyer listservs are often used by attorneys and other professionals to help keep up with changes in the law. But they pose some potential for violating confidentiality model rules
On May 8, the American Bar Association Standing Committee on Ethics and Professional Responsibility released formal opinion 511 which provides guidance for when a lawyer can seek advice on a listserv. It finds that model rules in most cases forbid posting questions or comments related to representation of a client, even in hypothetical or abstract form.
“Formal Opinion 511 cites Rule 1.6, which deals with confidentiality and the possibility of unethical behavior under ABA Model Rules of Professional Conduct. The formal opinion finds possible ethical problems ‘if there is a reasonable likelihood that the lawyer’s questions or comments (on a listserv) will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved.'”