Libraries are bridges to information and knowledge.

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QUESTION:

“…We have a defendant charged with child molestation. The child is the defendant’s niece. The defendant is in his 20s, is deaf and mute and family speaks Spanish. The family has created a home sign language to communicate with the defendant. The court has excluded the brother (father of the child molested) as someone to communicate between the court and the defendant due to the obvious conflict. A sister was questioned in court as to her ability to communicate and it was determined that the home sign language was extremely basic information and she did not have the ability to communicate the court process to the defendant nor did she understand the court process. Today we had an certified American Sign Language interpreter who also is a Spanish interpreter. He was able to communicate very basic words i.e. mother, father, Mexico, hospital but did not believe he could communicate well enough with the defendant to explain the court process or the allegations to him.

Have any of you encountered this situation, and if so, how did you handle it?”

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James Duggan, President of the American Association of Law Libraries (AALL) includes the following announcement in the February 2009 issue of his newsletter, From the Desk of James E. Duggan.:

“Earlier this month, the Government Printing Office (GPO) announced the release of the Federal Digital System (FDsys), GPO’s new digital system that provides access to government information from all three branches of government. At this first launch, FDsys contains more than 154,000 documents and many convenient features, including the ability to download metadata. While currently in public beta testing, FDsys is scheduled to replace the antiquated GPO Access in mid-2009.

During the past year, AALL and our members have provided support and feedback to GPO in the development of the new system. In May 2008, Mary Alice Baish testified before the House Committee on Appropriations’ Subcommittee on the Legislative Branch in support of GPO’s $21.2 million request for FDsys, which was a significant portion of their Fiscal Year 2009 Appropriations Request. In addition, many AALL members offered their comments in small focus groups with the FDsys team at the AALL Annual Meeting in Portland and more recently at GPO’s headquarters in Washington, D.C. We are pleased that the FDsys developers implemented many of our suggestions, including numerous improvements to the actual design of the Web site and the option of searching by citation.

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The transition of evidence from paper to digital imposes new challenges to ensuring a proper “chain of custody'” in the authentication of digital evidence.

The legal group of Merrill Corporation has recently compiled a report which addresses this and related issues:

Report: AUTHENTICATING DIGITAL EVIDENCE: IDENTIFY AND AVOID THE WEAK LINKS IN YOUR CHAIN OF CUSTODY.

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BY STEVEN ESSIG*

Library Trends Volume 57, issue 1 focuses on “Digital Books and the Impact on Libraries”. Issue Editor Peter Brantley, Executive Director for the Digital Library Federation (DLF), introduces the discussion by summarizing several cataclysmic developments in the library and publishing worlds that are forever changing the production, delivery and acquisition of books and other print materials: namely, the increasing centrality of Google and the resulting uncertainties over the disruption of the traditional relationships between authors publishers and libraries and the disruptive effects of ubiquitous internet technology on people’s everyday lives. Brantley asks whether there are alternatives to Google-shaped agreements for librarians and publishers and what economies would be necessary to sustain these alternative agreements.

Among the articles that follow this introduction, particularly interesting discussions include that of Jason Epstein’s “The End of the Gutenberg Era” (pages 8-16). Epstein, formerly the editorial director of Random House and founder of Anchor Books, foresees a continued place for most current versions of the physical book (though purely reference materials such as encyclopedias will go totally online) but emphasizes a change in the manner of its distribution. Increased digitization will cut back elements of the previous supply chain reducing costs of the physical inventory, packaging etc. and replacing this costly and elaborate setup with a “practically limitless digital inventory”, making it possible to “email an entire book with all necessary metadata as easily as a letter” (15). Epstein then discusses his involvement with “On Demand Books”, a company marketing an “Espresso Book Machine” which prints books on demand from online digital files. He foresees this print-on-demand technology being setup as a sort of “ATM for books” where readers could order a title at their computers (much as they currently do at Amazon.com) and then collect the item at a nearby machine, perhaps located at a Kinko’s, Starbucks or local library or bookstore. For this setup to become widespread, there would need to be cooperation with publishers and other content providers; Epstein sees it as in the latter’s interest in cutting back on the current costly distribution infrastructure as well as in the chance to “exploit new technologies and markets” (16).

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From: Resource Desk, Quinlan’s Law Enforcement Enews Alert, February 17, 2008.

Last year was one of the safest years for U.S. law enforcement in decades. The number of officers killed in the line of duty fell sharply in 2008 when compared with 2007, and officers killed by gunfire reached a 50-year low.

Based on analysis of preliminary data, the National Law Enforcement Officers Memorial Fund (NLEOMF) and Concerns of Police Survivors (C.O.P.S.) found that 140 officers died in the line of duty last year. That is 23 percent lower than the 2007 figure of 181, and represents one of the lowest years for officer fatalities since the mid-1960s.

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

February 11,17, 2009.

CRIMINAL LAW & PROCEDURE, EVIDENCE People v. Williams, No. 22mem09 The order of the Appellate Division is affirmed where there is no legal reason to upset the court’s exercise of its discretion in allowing the prosecution to use prior convictions to impeach a defendant’s testimony.

CRIMINAL LAW & PROCEDURE, INTERNATIONAL LAW People v. Romeo, No. 7opn09 Reversal of a conviction for manslaughter is affirmed where the People’s lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant’s constitutional right to a speedy trial.

CRIMINAL LAW & PROCEDURE, SENTENCING People v. Taveras, No. 2opn09 Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a “material element” of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court’s imposition of consecutive sentences for these crimes was not in error.

CRIMINAL LAW & PROCEDURE People v. Rouse, No. 8mem09 Order of the Appellate Division is reversed and the indictment dismissed where the People did not satisfy their statutory readiness obligation. .

INSURANCE LAW In the Matter of the Ancillary Receivership of Reliance Ins. Co., No. ssm2ent09 In an insurance dispute, order of the Appellate Division is affirmed where the Appellate Division did not err in concluding that the insurance company could not rely on an August 1993 letter as the basis to avoid coverage under the claims-made policy.
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

February 11, 13, 17, 2009.

CRIMINAL LAW & PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, SENTENCING U.S. v. Gutierrez, No. 083581 Conviction for possession of counterfeit checks and bank fraud and sentence of 24 months on each count, to run concurrently, is affirmed over claims of error that: 1) defendant’s sentence was procedurally unreasonable because the District Court did not provide defense counsel a meaningful opportunity to speak before imposing a sentence, in violation of Rule 32 of the Federal Rules of Criminal Procedure; and 2) a sentence of twenty-four months’ imprisonment was procedurally unreasonable because the District Court did not adequately consider the sentencing factors in 18 U.S.C. section 3353(a), provide sufficient reasons for imposing a sentence of twenty-four months’ imprisonment, or address defendant’s specific arguments for a non-Guidelines sentence

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To be held on April 3-4, 2009 in Tempe, Arizona.

The Sandra Day O’Connor College of Law at Arizona State University will host an international conference, Forensic Science for the 21st Century: The National Academy of Sciences Report and Beyond,” on April 3-4 in Tempe, Ariz. The focal point of the conference, for which CLE will be available, is the long-awaited National Academy of Sciences’ report on the future of forensic science, which will be released at 1 p.m. EST on Wednesday, Feb. 18, at a press briefing and via Webcast at www.national-academies.org Early registration for the conference, which offers a $250 discount off the at-the-door rate, closes on Friday, Feb. 27. The conference will include nearly three dozen renowned experts in the field, including both co-chairmen of the NAS forensic science committee, and many others. This conference is a must-attend for any practitioner who produces, uses or evaluates forensic science evidence, including prosecutors, public defenders, private attorneys, judges, forensic scientists, criminalists and others. Details: lst.law.asu.edu/FS09/index.html

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