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Holistic defense is also called community-oriented defense, therapeutic defense, or holistic advocacy. Whatever the name, its purpose is to solve underlying social and environmental problems that may have contributed to an individual's involvement in crime. It does this by emphasizing teamwork, partnerships with other criminal justice stakeholders, and identification and mitigation of collateral consequences. By doing this, defense attorneys hope to improve public safety by helping clients avoid involvement in the criminal justice system and reducing recidivism. In this episode of Off Paper, federal defenders Kathy Nester (D. Utah) and Maureen Franco (W.D. Tex.), who have been at the forefront of this work in the federal system, talk about the role of the defender in building and sustaining a multi-stakeholder, district-wide reentry infrastructure and in developing and implementing collaborative, problem-solving courts.

In Print: Available for Distribution

At the request of the Court Administration and Case Management Committee, the Criminal Law Committee, and the Committee on Defender Service, the FJC surveyed federal district judges, U.S. Attorney’s Offices, federal defenders, Criminal Justice Act (CJA) district panel representative’s offices, and chief probation and pretrial services offices about harm or threat of harm to government cooperators. Respondents reported a minimum of 571 instances of harm to defendants/offenders and witnesses in the past three years. Cases often involved harm to both defendants/offenders and witnesses. Respondents most often reported threats of physical harm to defendants/offenders or witnesses and to friends or family of defendants/offenders or witnesses. Defendants were most likely to be harmed or threatened when in some type of custody, while witnesses were either in pretrial detention or not in custody at the time of harm or threat. Respondents frequently reported court documents or court proceedings as the source for identifying cooperators. Concerns about harm or threat affected the willingness of both defendants/offenders and witnesses to cooperate with the government in the past three years. Overall, respondents generally agreed that harm to cooperators was a significant problem and that more needed to be done to protect cooperators from harm.

In Print: Available for Distribution

This pocket guide was developed to help judges manage complex e-discovery in federal criminal cases. The advantages of electronically stored information (ESI, or e-discovery) include speed, efficiency, and quality of information. To ensure these benefits are realized, judges and lawyers working on federal criminal cases need guidance on how best to address e-discovery issues. This guide helps judges to ensure that e-discovery moves smoothly, trial deadlines are met, and the parties and courts are able to review and identify critical evidence. 

Available Online Only

This guide provides an overview of special conditions of supervised release and probation restricting computer and Internet use in an effort to protect the public from cybercrime, including child pornography offenses. The guide summarizes the relevant statutory provisions and Sentencing Guidelines policy statements that courts consider when evaluating computer and Internet special conditions; reviews Judicial Conference policy concerning the recommendation and execution of special conditions by federal probation officers; summarizes the types of bans and restrictions on computer and Internet access during postconviction supervision that have been upheld or rejected by courts, and discusses the most important factors that courts consider in assessing the restrictions; and describes the factors courts consider when evaluating conditions requiring computer filtering or monitoring and discusses other procedural issues related to the imposition and execution of such restrictions.

In Print: Available for Distribution

Cases involving national security often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys’ contacts with their clients may be diminished; other challenges may present themselves.

The purpose of this Federal Judicial Center resource is to document methods federal judges have employed to meet these challenges so that judges facing the challenges can learn from their colleagues’ experiences. Included are terrorism prosecutions, espionage prosecutions, other criminal cases, the Guantánamo Bay habeas corpus cases, and other civil cases. This edition adds an addendum chapter on Foreign Intelligence Surveillance Act litigation. The information presented is based on a review of case files and news media accounts and on interviews with the judges. (Research date: April 24, 2015)

Lessons learned from these case studies are summarized in a companion publication, National Security Case Management: An Annotated Guide

Six of the nation's top legal scholars discuss and analyze the decisions of the U.S. Supreme Court's 2014–2015 Term that are most likely to affect the work of federal judges in the coming years. Free speech, same-sex marriage, criminal law, search and seizure, patent and trademark, and bankruptcy decisions are among the topics explored and explained.

Archival Copy on File

Section 1983 Litigation (Third Edition) analyzes the large number of recurring issues that arise in litigation under 42 U.S.C. § 1983. This monograph contains new sections on discovery, Bivens claims, new material on stops and searches, and model jury instructions. It includes case law from the October 2013 Supreme Court term ending June 30, 2014, and major courts of appeals and select district court decisions reported through June 30, 2014.

Out-of-print September 2016; no future editions of this title are currently planned.

Available Online Only

This guide provides a brief overview of extradition law, focusing primarily on the extradition of fugitives from the United States. It describes the grounds for extradition, extradition proceedings, legal issues that may emerge, and related case management considerations.

Available Online Only

Cases involving national security often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys’ contacts with their clients may be diminished; other challenges may present themselves.

The purpose of this Federal Judicial Center resource is to document methods federal judges have employed to meet these challenges so that judges facing the challenges can learn from their colleagues’ experiences. Included are terrorism prosecutions, espionage prosecutions, other criminal cases, the Guantanamo Bay habeas corpus cases, and other civil cases. The information presented is based on a review of case files and news media accounts and on interviews with the judges. (Research date: June 25, 2013)

Superseded by National Security Case Studies: Special Case-Management Challenges, Sixth Edition (2015).

Available Online Only
The Benchbook is an ongoing compilation of information that federal judges have found useful for immediate bench or chambers reference in civil and criminal proceedings. It contains sections on such topics as assignment of counsel, taking guilty pleas, standard voir dire questions, sentencing, and contempt. The sixth edition, published March 2013, adds new sections on disclosure of exculpatory information under Brady v. Maryland, civil case management, and restraint of dangerous defendants (“shackling”). Also included are a complete revision of the sentencing section that now provides a sample sentencing “script” for judges to follow, Padilla-based warnings to noncitizen and sex-offense defendants, and updated jury instructions that deal with jurors’ use of social media and electronic devices. The Benchbook is prepared under the guidance of experienced district judges and may be used online, downloaded to a computer or other electronic device, or printed out in loose-leaf format.
 

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