614.pdf

Type: pdf
Source set: house-oversight-doj
Pages: 12
Text status: Searchable text available
OCR confidence: 0.9342007081279711

Extracted text

Case 1:20-cr-00330-PAE Document 614 Filed 02/24/22 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, Vv. GHISLAINE MAXWELL Defendant. Nee eee eee ee ee“ ee SS” Case No. 20-CR-330 (AJN) AMICUS CURIAE BRIEF OF THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS Abbe David Lowell (SDNY # AL2981) Christopher D. Man Winston & Strawn LLP 1901 L Street NW Washington, DC 20036152 [email protected] (202) 282-5875 Joel B. Rudin (SDNY # JR5645) Vice Chair, Amicus Curiae Committee, NACDL Law Offices of Joel B. Rudin, P.C. 152 West 57th Street, 8th Floor New York, New York 10019 [email protected] (212) 752-7600 DOJ-OGR- 00009108

Case 1:20-cr-00330-PAE Document614 _ Filed 02/24/22 Page2of12 INTRODUCTION The National Association of Criminal Defense Lawyers (“NACDL”) represents approximately 40,000 criminal defense lawyers who often defend notorious or unpopular clients. See Motion for Leave to File Amicus Brief. We know from the experiences of our members that child sexual abuse cases are “the most difficult of all” for eliminating juror bias and we thus hold regular training programs concerning voir dire strategies in such cases. NACDL, What Are They Thinking?, https://www.nacdl.org/Event/2022-Midwinter-Meeting (program description). Even prosecutors agree that “[t]raditional voir dire questions... might not sufficiently address potential jurors’ emotional reactions to sexual assault cases,” and advocate more probative voir dire. Christopher Mallios & Toolsi Meisner, Educating Juries In Sexual Assault Cases, Strategies at 2 (2010), http://www.ncdsv.org/images/AEquitas EducatingJuriesInSexualAssaultCasesPart] 7- 2010.pdf. The reality of an unbiased jury is a structural prerequisite for a fair trial and, particularly in a notorious case such as this that has attracted international attention, the appearance that a fair and impartial jury has decided the defendant’s fate is essential for public respect for …

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