FPD Blog
A protocol was recently released by the Joint Electronic Technology Working Group that sets forth best practices for the efficient and cost-effective management of post-indictment discovery of electronically stored information -- otherwise known as ESI. These recommendations include a framework for the handling of digitized or electronic discovery in a federal criminal case. Because of the prevalence of ESI discovery in many federal criminal cases, the protocol is a must-read for all practitioners in federal criminal cases. To read the full ESI Protocol, please see Law - Discovery.
In mid-August 2012, the federal judiciary released the model jury instruction below to address the growing problem of juror use of social media, smart phones, and the like in conjunction with or before deliberations in a case. This model jury instruction can be used in both civil and criminal cases. To see the full jury instruction, please see our link under Law - Trials.
On June 25, 2012, the Supreme Court expanded its jurisprudence in the area of sentencing law applicable to juveniles by holding that mandatory terms of life imprisonment without the possibility of parole violate the Eighth Amendment of the Constitution. To see the Court's full opinion, please see our link under Law – Case Law – US Supreme Court.
On June 18, 2012, in a set of lengthy opinions issued in the case of Williams v. Illinois, the Supreme Court upheld a state court judgment that allowed an expert to testify about a laboratory report as part of a rape trial. To see the complete set of opinions, please see our link under Law – Case Law – US Supreme Court.