Laurence A. Benner
Emeritus Professor
Biography
Elected to The Fellows of the American Bar Association in recognition of his service to the profession, Laurence Benner has been an active participant, educator and consultant in the criminal justice arena for over four decades. His scholarship has been cited in the United States Supreme Court as well as leading criminal justice textbooks and treatises on criminal procedure. His critique of the law on confessions, entitled “Requiem for Miranda” and his empirical research on search warrants have been relied upon by both courts and scholars. The Other Face of Justice, which he co-authored, has also been nationally recognized as a basic resource for improving criminal defense representation for the indigent accused.
A graduate of the University of Chicago Law School, Professor Benner joined the law faculty of California Western School of Law following a distinguished career as a trial and appellate advocate. He formerly served as National Director of Defender services for the National Legal Aid & Defender Association in Washington D.C., was Director & Chief Trial Counsel of the Office of the Defender in Grand Rapids, Michigan, and taught as a Clinician at the University of Chicago Law School’s Mandel Legal Aid Clinic. He also served in the South Pacific as Chief Legal Counsel to the Ombudsman Commission of Papua New Guinea, a constitutional office established to protect human rights.
Professor Benner is a past member of the Board of Directors of the National Legal Aid & Defender Association (NLADA) and currently serves on the President’s Council. Formerly Co-Chair of the ABA Criminal Justice Section’s Defense Function Committee, he is a member of the ABA Criminal Justice Section’s Book Board, the ABA Individual Rights and Responsibilities Section, the American Constitution Society on Law and Policy, Scribes, the Law & Society Program Advisory Committee of the University of California, San Diego (UCSD) and the San Diego Criminal Defense Lawyer’s Club. He served as a Commissioner on the U.S. Justice Department’s National Study Commission on Criminal Defense Services, which promulgated national standards for the delivery of indigent defense services, was NLADA’s liaison to the ABA Special Committee on Criminal Justice Administration, and is a past member of the Executive Committee of the American Association of Law School’s (AALS) Litigation Section. He has been a consultant to numerous governmental agencies, including the U.S. Justice Department, the California Commission on the Fair Administration of Justice, San Diego County and the Constitutional Review Commission of Papua New Guinea.
Professor Benner was Managing Director of Criminal Justice Programs at California Western School of Law, where he co-founded the Institute for Criminal Defense Advocacy, which developed the Janeen Kerper National Trial Skills Academy and the California Innocence Project. He lectured regularly at NLADA’s Annual Conference, ‘Life in the Balance’ Death Penalty Training Conference and the Advanced Appellate Defender Training Conference. He taught Criminal Law, Criminal Procedure, Constitutional Law, and Advanced Criminal Justice, and directed the San Diego Search Warrant Project and CWSL’s Bail Project. He also taught undergraduate courses in the Law & Society Program at the University of California, San Diego (UCSD) and pioneered CWSL’s faculty exchange program with Victoria University of Wellington, New Zealand, where he taught Comparative Criminal Law and Procedure.
- University of Chicago Law School, J.D. (1970)
- Michigan State University, B.Sc., Summa Cum Laude (1967)
- Constitutional Law
- Criminal Procedure
- Criminal Law
- Advanced Criminal Justice
- Advanced Criminal Litigation
- Professional Ethics
- Legal Method
- Introduction to Law & Society,
- Contemporary Legal Issues
PUBLICATIONS
Books & Book Chapters:
The Fourth Amendment Handbook, 4th Ed. (2019), American Bar Association: Updated 3rd Edition with analysis of 9 years of Supreme Court decisions, revised Introduction and wrote new Preface for this longstanding ABA publication, begun in 1995 by Professor William W. Greenhalgh. Was a contributing editor to the previous 3rd Edition.
Police Practices and the Bill of Rights, Chapter 8, in The Bill of Rights in Modern America, Indiana University Press (2008), with Michal R. Belknap (David J. Bodenhamer and James W. Ely, Jr. eds.).
The Impact of U.S. Supreme Court Decisions on Illinois Law, Chapter 19, in Defending Illinois Criminal Cases (2007), Illinois Institute for Continuing Legal Education, Springfield, Illinois, with Marshall J. Hartman and Hon. Shelvin Singer.
Guidelines for Legal Defense Systems in the United States (Nancy Goldberg, ed. 1976).
As a member of the National Study Commission on Defense Services, participated in
writing several chapters of this work which presents the final recommendations of
the Commission following two years of detailed study of all aspects of indigent criminal
defense services. The Guidelines provides a blueprint for establishing adequate delivery
systems for providing criminal defense representation for the indigent accused in
conformity with nationally recognized standards. Funded by the Justice Department,
the Commission spent two years studying all aspects of indigent criminal defense services.
The Other Face of Justice, NLADA (1973): This work, co-authored with Elizabeth L. Neary, assessed the implementation of the right to counsel for the indigent accused and evaluated the effectiveness of indigent defense delivery systems throughout the United States. Based upon field studies and statistical analysis of data collected from over 2,000 counties pursuant to a federal research grant, The Other Face of Justice was used as a basic reference by DOJ criminal justice planners to provide federal assistance to improve indigent defense systems through the Law Enforcement Assistance Administration (LEAA). Excerpts have been republished in several textbooks on the administration of criminal justice and its findings have been cited in judicial decisions such as Scott v Illinois, 440 U.S. 367, 385 (1979) and United States v Decoster, 624 F. 2nd 196, 264 (D.C. Cir. 1979) and well as numerous law review articles.
Articles
Selected Articles:
Ineffective Assistance of Counsel in the Roberts Court, Supreme Court Watch, 36 NLADA Cornerstone, No. 2, 2, (2015) with M. Hartman.
Anonymous Cellular Tips and Warrantless Cell Phone Searches, Supreme Court Watch,
36 NLADA Cornerstone No.1, 2 (2015) with M. Hartman.
The Disappearing Right to Silence: Salinas v Texas, An Occasional Paper by the Center for the Advanced Study of Criminal Justice, CWSL, March, 2014.
Putting a Leash on Fido: Police Dogs and the Fourth Amendment, Supreme Court Watch,
35 NLADA Cornerstone 2 (2014) with M. Hartman.
Social Network Theory and the Diffusion of the Search and Seizure Exclusionary Rule between Weeks and Wolf, with Donald J. Smythe and Robert Bird, 27 BYU Journal of Public Law 97 (2012)
Expanding the Right to Effective Assistance of Counsel at Plea Bargaining, 27 ABA Criminal Justice, No. 3. 5 (2012)
Eliminating Excessive Public Defender Workloads, 26 ABA Criminal Justice, No. 2, 24, (2011).
The California Public Defender: Its Origins, Evolution and Decline, 5 California Legal History 173 (2010), California Supreme Court Historical Society.
The Presumption of Guilt: Systemic Factors that Contribute to Ineffective Assistance of Counsel in California, 45 Cal. W. L. Rev. 263 (2009)
The Role of Public Institutions and Legal Culture: The Ombudsman Commission of Papua New Guinea, Symposium on Legal Reform, 35 Cal. W. International L. J. 258 (2005).
Racial Disparity in Narcotics Search Warrants, 6 Journal of Gender, Race & Justice 183 (2002)
Criminal Justice in the Supreme Court: A Review of United States Supreme Court Criminal and Habeas Corpus Decisions (October 4, 1999 - October 1, 2000) 37 Cal. W. L. Rev. 239 (Spring 2001). Editor and coauthor, with Marshall J. Hartman, Hon. Shelvin Singer & Andrea Lyon.
Searching for Narcotics in San Diego: Preliminary Findings from the San Diego Search Warrant Project, with Charles T. Samarkos, 36 Cal. W. L. Rev. 221 (2000).
Criminal Justice in the Supreme Court: A Review of United States Supreme Court Decisions at the Close of the Millennium: 1998-199, 36 Cal. W. L. Rev. 437 (2000). Editor & coauthor, with Marshall J. Hartman & Hon. Shelvin Singer.
Requiem for Miranda: The Rehnquist Court's Voluntariness Doctrine in Historical Perspective, 67 Washington University Law Quarterly 59 (1989).
Diminishing Expectations of Privacy in the Rehnquist Court, 22 John Marshall Law Review 825 (1989).
Tokenism and the American Indigent: Some Perspectives on Defense Services, 12 American Criminal Law Review, 667 (1975).
Additional Publications
Johnson v. United States: Using the Vagueness Doctrine to Combat Over-Criminalization and Prosecutorial Overreaching, Supreme Court Watch, 37 NLADA Cornerstone, No. 1, 2 (2016)
Supreme Court Review: An Analysis of Criminal Justice Decisions: 20014-2015 Term, Proceedings of the 2015 Annual Conference of the National Legal Aid & Defender Association, New Orleans, La. November, 2015, with M. Hartman.
When Objecting Isn’t Enough: Fernandez v California, 35 NLADA Cornerstone 2 (2014), with M. Hartman.
Supreme Court Review: An Analysis of Criminal Justice Decisions: 2013-2014 Term, Proceedings of the 2014 Annual Conference of the National Legal Aid & Defender Association, Arlington, Virginia. November, 2014, with M. Hartman.
Supreme Court Review: Highlights of U.S. Supreme Court Criminal and Habeas Decisions: 2012-2013 Term, Proceedings of the 2013 Annual Conference of the National Legal Aid & Defender Los Angeles. November, 2013, with M. Hartman.
Supreme Court Review: Highlights of U.S. Supreme Court Criminal and Habeas Decisions: 2011-2012 Term, Proceedings of the 2012 Annual Conference of the National Legal Aid & Defender Association, December, 2012, with M. Hartman.
A Call for Reform: the Prosecutor’s Duty to Disclose Favorable Evidence, Part II, Supreme Court Watch, 34 NLADA Cornerstone (2012) with M. Hartman.
A Call for Reform: the Prosecutor’s Duty to Disclose Favorable Evidence, Part I, Supreme Court Watch, 34 NLADA Cornerstone (2012) with M. Hartman.
Arrest and Confrontation in Fantasyland, 33 NLADA Cornerstone, No. 1, 6, Centennial Issue II, (2011) with M. Hartman.
Supreme Court Review: An Analysis of Criminal Justice Decisions, 2010-2011 Term, Proceedings of the 2011 Annual Conference of the National Legal Aid & Defender Association, Washington D.C. December 2011, with M. Hartman.
When Excessive Public Defender Workloads Violate the Sixth Amendment Right to Counsel Without a Showing of Prejudice, American Constitution Society Issue Brief, March 2011.
Graham v Florida, Ending Juvenile LWOP and Demonstrating Rehabilitation, 32 Cornerstone Centennial I, (2011), with M. Hartman.
Beyond Strickland: An Occasional Paper from the Center for the Advanced Study of Criminal Justice, CWSL, November, 2010.
Silencing Miranda, 32 Cornerstone, No. 2, 6, with Marshall J. Hartman, September, 2010.
Supreme Court Review: An Analysis of Criminal Justice Decisions: 2009-2010 Term, Proceedings of the 2010 Annual Conference of the National Legal Aid & Defender Association, Atlanta, Ga. November, 2010, with M. Hartman.
Opening Pandora’s Box: The Duty to Give Correct Guilty Plea Advice under Padilla v Kentucky, 32 Cornerstone, No. 1, 6, August, 2010, with M. Hartman.
Redrawing the Boundary Lines for Ineffective Assistance of Counsel? Bobby v Van Hook, Wong v Belmontes and Porter v. McCollum, 31 Cornerstone, No. 3, 6, January, 2010, with M. Hartman.
Strip Searches, Lab Reports and Police-Initiated Interrogation of Your Client after Appointment, 31 Cornerstone, No. 2, 6, December, 2009, with M. Hartman.
Supreme Court Review: 2008-2009 Term, Proceedings of the 2009 Annual Conference of the National Legal Aid & Defender Association, Denver, Co. November, 2009, with M. Hartman.
A Fourth Amendment Trilogy, 31 Cornerstone, No.1, 6, August, 2009, with M. Hartman.
A Lawyer’s Dilemma, 30 Cornerstone, No.3. 6, January, 2009, with M. Hartman.
Supreme Court Review: United States Supreme Court Criminal and Habeas Decisions: 2007-2008 Term, Proceedings of the 2008 Annual Conference of the National Legal Aid & Defender Association, Washington D. C., November 2008, with M. Hartman, et al.
Narrow Victories, 30 Cornerstone, No. 2, 6, November, 2008, with M. Hartman.
The Good, The Bad and the Ugly, 30 Cornerstone, No. 1, 6, May, 2008, with M. Hartman.
Brendlin v California: A Trojan Horse? 29 Cornerstone, No. 3, 6, Jan, 2008,with M. Hartman.
Systemic Factors Affecting the Quality of Criminal Defense Representation, Preliminary Report to the California Commission on the Fair Administration of Justice , October, 2007, with L.S. Stern and A. Avakian,
Panetti v Quarterman: Demons, Habeas and Competency for Death, 29 Cornerstone, No. 2, 6, September, 2007, with M. Hartman.
Supreme Court Review: Highlights of the United States Supreme Court’s Criminal Justice Decisions: 2006-2007 Term, Proceedings of the 2007 Annual Conference of the National Legal Aid & Defender Association, Tucson, Arizona, November 2007, with M. Hartman, et al.
Criminal Law Update X, Proceedings of the Nebraska Criminal Defense Attorneys Association, Omaha, Nebraska, June, 2007, with M. Hartman.
Whorton v Bockting: Retroactivity of Crawford v Washington, 28 Cornerstone, No. 3, 6, Winter, 2007, with M. Hartman.
Reflections on Roberts Court’s First Term, 28 Cornerstone, No. 2, 6, Fall, 2006, with M. Hartman.
Supreme Court Review: Criminal and Habeas Decisions of the United States Supreme Court 2005-2006 Term, Proceedings of the 2006 Annual Conference of the National Legal Aid & Defender Association, Charlotte, N.C. November, 2006, with M. Hartman, et. al.
Sanchez-Llamas v Oregon & Georgia v Randolph, 28 Cornerstone, No.1, 6, Summer, 2006, with M. Hartman.
Criminal Law Update IX, Proceedings of the Nebraska Criminal Defense Attorneys Association, Omaha, Nebraska, June, 2005, with M. Hartman.
Defining the Future: A Review of Criminal and Habeas Decisions of the United States Supreme Court: 2004-2005 Term, Proceedings of the 2005 Annual Conference of the National Legal Aid & Defender Association, Orlando, Florida, November, 2005, with M. Hartman, et al.
House v Bell and Hudson v Michigan, 27 Cornerstone, No. 2, 5, Fall, 2005, with M. Hartman.
Federal Sentencing in a Post-Booker World, San Diego Lawyer, May/June (2005).
Federal Sentencing Guidelines: A Return to the Rule of Reason, San Diego Union Tribune, January 26, 2005.
Barriers to Equal Justice: A Review of Criminal and Habeas Decisions of the United States Supreme Court: 2003-2004 Term, Proceedings of the 2004 Annual Conference of the National Legal Aid & Defender Association, Washington D. C., December, 2004, with M. Hartman.
Maintaining the Rule of Law: The Detainee Cases (Part II), The San Diego Lawyer, November/December, 2004.
Maintaining the Rule of Law: The Detainee Cases (Part I), The San Diego Lawyer, September/October, 2004.
A Downward Spiral Toward Injustice, San Diego Union Tribune, May 25, 2004.
Prop.54: A Dangerous Veil of Ignorance, San Diego Union-Tribune, October 1, 2003.
Protecting Human Rights in an Age of Anxiety: A New Approach, ABA, 29 Human Rights 11 Spring, 2002.
Transforming Innocent Conduct into Reasonable Suspicion, 1 Criminal Defense Weekly 5, April, 2002.
Supreme Court Eases Fourth Amendment Controls on Police, 5 Res Ipsa 17, Spring, 2002.
Narcotics Search Warrants: Fact and Fiction (with Charles T. Samarkos) 28 Search and Seizure Law Report 33 (June 2001).
Criminal Justice in the Supreme Court: An Analysis of United States Supreme Court Criminal and Habeas Corpus Decisions (October 2, 2000- September 30, 2001, 38 Cal. W. L. Rev. 87 (Fall, 2001). Editor & coauthor, with Marshall J. Hartman, Hon. Shelvin Singer, Andrea Lyon & Nancy Albert Goldberg.
Hot Potatoes: Two Cases Could Change Definition of “Rights” 4 Res Ipsa 13 (2001) with Glenn Smith.
Miranda and Limited Constitutional Rights, San Diego Union-Tribune, Opinion Section, December 12, 1999.
A Better Way to Ensure High Ethical Standards in Local Government, San Diego Union-Tribune, July 14, 1999.
The Benefits of U.S. Citizenship, Los Angeles Daily Transcript, May 27, 1999.
Reaping the Dormant Privileges of National Citizenship, San Diego Union-Tribune, May 21, 1999.
Against the Death Penalty: The Relentless Dissents of Justices Brennan and Marshall, 113 Pol. Sci. Q. 163 (1998) (book review).
A Critique of Recent U. S. Supreme Court Decision from 1995-1997 in Criminal and Habeas Cases, Criminal Law Update V, Proceedings of the Nebraska Criminal Defense Attorneys’ Association, June, 1997, with M. Hartman, Hon. S. Singer and A. Lyons.
Justice at the Cross Roads: A Review of U.S. Supreme Court Criminal and Habeas Cases, Proceedings of the 1997 Annual Conference of the National Legal Aid & Defender Association, December, 1997, with M. Hartman.
Reclaiming Our Constitution: An Analysis of Recent U.S. Supreme Court Decisions in Criminal and Habeas Cases, Proceedings of the 1996 Annual Conference of the National Legal Aid & Defender Association, November, 1996, Las Vegas, Nevada, with M. Hartman.
Supreme Court Review of Criminal and Habeas Cases, Death Penalty Certification Program, Illinois Institute of Continuing Legal Education and the Office of the Illinois State Appellate Defender, Chicago, Illinois, March, 2006, with M. Hartman, et al.
The Court under Siege: A Review of Key Criminal Cases Decided by the U.S. Supreme Court: 1994-1995 Term, Proceedings of the 1995 Annual Conference of the National Legal Aid & Defender Association, December, 1995, with M. Hartman and Andrea Lyon.
Souter and High-Tech Snooping, Christian Science Monitor, Sept. 25, 1990
Zero Tolerance for the Constitution? 18 The Commentary 1, July 1988
Zero Drug Tolerance - A New Tyranny? Los Angeles Times, May 29, 1988
Colorado v Connelly, 36 Callaghan's Law Review Digest, No. 2, 48 (1987)
The Compulsion to Confess: Can the Mentally Disabled be Instruments of Their Own Convictions?, ABA Preview of United States Supreme Court Cases, No. 2, 29, October 17, 1986.
Corruption in Government: A Case Study, Ombudsman Commission of Papua New Guinea, Report to the National Parliament of Papua New Guinea (1982).
Proposals for the Organic Law on the Integrity of Candidates and Political Parties, White Paper prepared for the Prime Minister of Papua New Guinea (1982).
Reforming Guilty Plea Procedures in the District Courts of Papua New Guinea, White Paper prepared for the Minister for Justice, Papua New Guinea (1980).
Draft Proposal for a National Center for Indigent Defense Services (Benner, ed. American Bar Association, 1978). This proposal for a federal center to conduct research and provide support services to state level indigent defense delivery systems was submitted to the White House by the ABA Standing Committee on Legal Aid & Indigent Defendants and formed the basis for S. 2170, 96th Cong. 1st Sess. (1979) sponsored by Senator Edward Kennedy.
Defender Benchmarks, 6 NLADA Washington Memo, 8 (1977). "Defender Benchmarks" was a regular column written for the Washington Memo during 1977-1978 which analyzed recent U.S. Supreme Court cases.
Draft Standards on Training for Public Defenders (1973) Proposed standards on public defender training, which were prepared for NLADA, were substantially adopted by the National Advisory Commission on Criminal Justice Standards & Goals.
Recent Constitutional Law Developments: The Burger Court, Hawaii Public Defender Training Handbook (NLADA, 1972).
Psalm of a Secured Creditor, 36 University of Chicago Law Review, 883 (1969) (law student publication).
Community & Professional Activities
Panelist: ABA Summit on Public Defense, San Diego, Feb. 2016.
Presenter: Advanced Appellate Advocacy Training, NLADA, New Orleans, January, 2016.
Presenter: National Legal Aid & Defender Association Annual Conference, Supreme Court Review, New Orleans, Nov, 2015.
Panelist: University of San Diego Law School, Supreme Court Preview, 2015 Term, San Diego, October, 2015.
Presenter: San Diego Criminal Defense Lawyers Club, Supreme Court Highlights, April, 2015.
Presenter: National Legal Aid & Defender Association Annual Conference, Supreme Court Review, Arlington, Virginia, November 2014.
Panelist: KPBS Radio, Midday Edition, Death Penalty, July, 2014.
Panelist: KPBS TV, Evening News, Death Penalty, July, 2014.
Presenter: National Appellate Defense Institute, Supreme Court Advocacy Track, New Orleans, Jan. 2014.
Presenter: National Legal Aid & Defender Association Annual Conference, Supreme Court Review, Los Angeles, Nov, 2013.
Presenter: National Legal Aid & Defender Association Annual Conference, Dec, 2012.
Presenter Life in the Balance Death Penalty Training Conference, St. Louis ,Nov, 2012.
Presenter: Symposium on Ineffective Assistance of Counsel, Loyola, April, 2012.
Participant: ABA Indigent Defense Summit, New Orleans, February, 2012.
Presenter: National Appellate Defender Training Conference, NLADA, Baltimore, Feb. 2012.
Presenter: National Legal Aid & Defender Association Centennial Conference, Washington D.C., Dec. 2011.
Moderator: Finding Solutions to the Crisis in Indigent Defense, ABA Midyear Meeting, Atlanta, Feb. 2011.
Presenter: Advanced Appellate Defender Training Conference, NLADA, New Orleans, March, 2011.
Fellow: Elected to the Fellows of the American Bar Foundation, December, 2010.
Presenter: National Legal Aid & Defender Association, 2010 Annual Conference, Atlanta, November, 2010.
Presenter: San Diego Public Defender Office Training Seminar, October 2010.
Panelist: 2010 Public Defenders Justice Summit, San Francisco, May, 2010.
Presenter: Life in the Balance, 2010: National Death Penalty Training Conference, Nashville, March, 2010.
Participant: National Symposium on Indigent Defense, U.S. Department of Justice, Washington D. C., February, 2010.
Presenter: Advanced Appellate Defender Training Conference, New Orleans, January, 2010.
Presenter: National Legal Aid & Defender Association 2009 Annual Conference, Nov., 2009.
Presenter: Life in the Balance: Death Penalty Training Conference, New Orleans, March, 2009.
Presenter: First Monday: Highlights of U.S. Supreme Court’s 2008-09 Term, CWSL October, 2009.
Panelist: Served on Advisory Panel to interview and vet candidates for Chief Defender, San Diego Public Defender Offices, (2009).
Director: Elected to Board of Directors, National Legal Aid & Defender Association, November, 2008.
Presenter: Advanced Appellate Defender Training Conference, New Orleans, Dec., 2008.
Presenter: National Legal Aid & Defender Association 2008 Annual Conference, Washington D.C. November, 2008.
Presenter: Life in the Balance: Death Penalty Training Conference, Atlanta, March, 2008.
Presenter: National Legal Aid & Defender 2007 Annual Conference: Tucson, November, 2007.
Presenter: California Commission on the Fair Administration of Justice, July, 2007.
Presenter: National Legal Aid & Defender Association 2006 Annual Conference, Charlotte, N.C. November, 2006.
Panelist: Domestic Terrorism Panel sponsored by the Chula Vista Police Department. This panel brainstormed potential terrorist threats to San Diego and evaluated the feasibility (including constitutionality) of countermeasures designed to prevent them.
Presenter: National Legal Aid & Defender Association 2005 Annual Conference, Orlando, December, 2005.
Presenter: Southeastern Association of Law Schools Conference, Hilton Head, July, 2005.
Presenter: Nebraska Criminal Defense Attorney’s Association Conference, Omaha, June, 2005.
Panelist: U.S. Justice Department Capital Litigation Improvement Focus Group, Washington D. C., February, 2005.
Coach: Coached UCSD Mock Trial team, Fall/Winter 2005
Lecturer: Designed and implemented trial advocacy class for UCSD students and co-taught it pro bono with CWSL alumnus Patrick Hosey during the UCSD Winter 2005 quarter.
Presenter: National Legal Aid & Defender Association 2004 Annual Conference, Washington D. C., December, 2004.
Panelist: U.S. Supreme Court Preview, California Western School of Law, October, 2004.
Panelist: Association of American Law Schools Conference on Clinical Legal Education, May, 2004.
Presenter: National Legal Aid & Defender Association Annual Conference, November, 2003.
Moderator: Dialogue on Freedom: La Jolla High School, San Diego, November, 2003.
Guest Lecturer: San Diego State University, September, 2003.
Moderator: Student Forum on the USA Patriot Act, CWSL, November, 2002.
Speaker: Kennedy Scholars Dinner, Washington D.C., November, 2002.
Presenter: National Legal Aid & Defender Association Annual Conference, November, 2002.
Guest Commentator: KUSI Channel 51, The Supreme Court’s 2002 Term, October, 2002.
Panelist: First Monday: The Supreme Court’s 2002 Term, CWSL, October, 2002.
Moderator: Dialogue on Freedom, La Jolla High School, San Diego, September, 2002.
Guest Commentator: NBC Channel 7, Westerfield Trial, June, 2002.
Presenter: Council of Visitors, CWSL, June, 2002.
Panelist: Roundtable on USA Patriot Act, CWSL, March, 2002.
Presenter: Board of Trustees, CWSL, March, 2002.
Panelist: Forum on Computer Hacking, Surveillance and Privacy, CWSL, March 2002.
Panelist: DeWitt Higgs Symposium on Racial Profiling, UCSD/CWSL, January, 2002.
Guest Speaker: Criminal Defense Lawyers Club of San Diego, December, 2001.
Presenter: National Legal Aid & Defender Association 2001 Annual Conference, Miami Florida, November, 2001.
Panelist: Symposium on The Law’s Treatment of the Disadvantaged, sponsored by the Journal of Gender, Race and Justice, University of Iowa College of Law, October, 2001.
Panelist: 2001-2002 U.S. Supreme Court Case Preview, CWSL, September, 2001.
Panelist: Discrimination and the Criminal Justice System, Forum sponsored by the San Diego Human Relations Commission, May, 2001.
Guest Commentator: Bush v Gore, Channel 10 News, December, 2000.
Guest Commentator: Bush v Gore, Channel 7/39 News, December 2000.
Guest Commentator: Bush v Gore, Channel 8 News, December, 2000.
Presenter: National Legal Aid & Defender Association Annual Convention, December, 2000.
Guest Commentator: Presidential Election, Channel 10 News, November, 2000.
Guest Commentator: First Amendment and the Injunction of Internet Web Site, Fox News, Channel 6, November, 2000.
Presenter: Training Conference, Illinois State Appellate Defender, Springfield, June, 2000.
Presenter: National Legal Aid & Defender Association Annual Convention, November, 1999.
Panelist: The Future of Public Defenders, Defender Caucus, National Legal Aid & Defender Association Annual Convention, November, 1999.
Guest Commentator: These Days with Tony Perry, KPBS, Role of the Ombudsman, July, 1999.
Member: Ad Hoc Committee on Magnet School Enrollment Policy, San Diego Unified School District, July, 1999.
Guest Commentator: Channel 8, Grand Jury, June, 1999.
Guest Commentator: These Days with Tony Perry, KPBS, Grand Jury, June, 1999.
Guest Panelist: These Days, KPBS, Driving While Black (November, 1998)
Moderator: UCSD Law & Society Symposium: The Laws of Cyberspace, Oct. 1997.
Panelist: CWSL Press Conference on U.S. Supreme Court’s 1997 Term, Oct. 1997.
Judge: St. Thomas More Constitutional Law Competition, Univ. of San Diego, February, 1997.
Panelist: Videoconference on Telecommunications Law, CWSL, March, 1997.
Presenter: National Legal Aid & Defender Association Annual Conference, Las Vegas Nevada, December, 1996.
Speaker: Technology and the Fourth Amendment, CWSL, May 1996.
Judge: UCSD Pre-Law Society Mock Trial Competition, May, 1996.
Panelist: "The Legal Perspective," San Diego Bar Association, 1995.
Panelist: UCSD Law & Media Forum: Fair Trial and the First Amendment, 1995.
Panelist: Public Forum on the Simpson Verdict, CWSL, 1995.
Guest Commentator: These Days with Gloria Penner KPBS, 1995.
Guest Speaker: New Zealand Law Society, 1994.
Visiting Professor: University of Victoria Law School, Wellington, New Zealand, 1993.
Presenter: National Legal Aid & Defender Association Annual Convention, Toronto, 1992.
Guest Commentator: The Execution of Robert Alton Harris, Channel 8, April, 1992.
Guest Commentator: The Roger Hedgecock Show, KSDO, April 1992.
Guest Commentator: The Death Penalty, Channel 51 (1992).
Presenter: Training Seminar on Fourth Amendment Issues, conducted for the San Diego Public Defenders Office, August, 1991.
Guest Speaker: Our Criminal Justice System & Your Rights, Buena Vista Junior High, 1990.
Panelist: Roving Wiretaps (reported in Roving Wiretaps: Balancing Privacy, Law Enforcement, San Diego Daily Transcript, May 31, 1989.
Lecturer: The Peoples’ Law School, CWSL Outreach Program, 1989.
Lecturer: San Diego Gifted & Talented Program (GATE), Gompers High School, 1987.
New Courses & Programs Created:
Advanced Criminal Litigation: Designed this “Transition to Practice” course which bridges the gap between law school and the real world. Students are alternately assigned the role of either prosecutor or defense counsel in a series of performance exercises that involve factual investigation, bail representation, pre-trial motion practice, discovery, plea-bargaining and jury selection. Students have numerous opportunities to perfect courtroom advocacy skills in exercises that involve direct and cross-examination of actual San Diego police officers using real cases. For their final exercise student attorneys develop facts through interviews with live clients and witnesses (rather than being given a fact pattern) and investigate a real crime scene, brainstorm the theory of the case, file and litigate pre-trial motions and conduct a jury trial with actual jurors from the surrounding community. Special emphasis is given to eyewitness identification and ethical problems confronting both the prosecution and the defense.
Advanced Prosecution Function: This course, developed with Deputy District Attorney Lisa Weinreb, is the mirror image of Advanced Criminal Litigation course described above, except it focuses on the prosecution function. When both courses can be offered during the same term, the Advanced Criminal Litigation course focuses on defense practice and teams from both classes conduct their final jury trial against each other.
Advanced Criminal Justice/ Bail Project: Designed this hybrid course which combines a seminar on current cutting edge criminal justice topics with a student Bail Project. Created as a joint venture with the San Diego Public Defender Office, the Bail Project has successfully provided the indigent accused in San Diego with prompt access to legal services since 2000. Second and third-year law students are given specialized training in client interviewing, ethics, and bail representation. After obtaining security clearances and bar certification, the students go into the jail in three-hour shifts to interview recent arrestees who have not made bail, advise them of their rights, verify information essential for bail representation and problem solve concerns arising from their incarceration. Students also represent clients at arraignment and in appropriate cases seek a reduction in bail or release on the client’s own recognizance. Honored with the “Program of the Year” award by the California Public Defenders’ Association, the Bail Project not only gives students an understanding of how the criminal justice system works in practice, but also benefits both defendants and the community as bail decisions are made on the basis of reliable information.
Forensic Evidence: Designed and with the assistance of Gary Gibson, Training Director of the San Diego Public Defender, developed this basic forensic evidence course which covers topics such as arson investigation, DNA evidence, firearms identification, gunshot residue, fingerprint identification, toxicology, serology, forensic pathology (including entomology & time of death), handwriting comparison, computer evidence, tool mark identification, voice identification, blood spatter, forensic neurology & psychiatry (including insanity and mitigation evidence relevant to sentencing) and other common types of forensic evidence such as microanalysis of hair, fiber, paint, glass and drugs. Course materials are drawn from textbooks and from material found in actual cases in which Innocence Projects have deconstructed in a clinical post mortem how counsel failed to properly challenge inaccurate or fraudulently manufactured forensic evidence. After giving students a basic grounding in the information necessary to understand the forensic science issues, practical hands-on training exercises teach students how to effectively consult with experts, present their testimony on direct examination, and challenge an opponent’s expert testimony thru cross-examination. Guest appearances included professors from UCSD’s medical school, prosecutors, defense practitioners, judges, police and sheriff’s department, Naval Investigative Service, and other forensic specialists. This class was also open to practitioners.
Cyberspace Law: Designed and obtained faculty approval for CWSL’s first course to address the legal challenges presented by the internet.
Center Institute for Criminal Defense Advocacy: Designed and (with the help of former Dean Michael Dessent and Professor Janeen Kerper) obtained initial funding ($640, 000) to create an institute to improve the fair administration of criminal justice and provide training for indigent defense providers. The institute initially developed and for many years ran the National Trial Skills Academy. It also provided skills training for Spanish speaking advocates and ultimately transitioned into the California Innocent Project.
for the Advanced Study of Criminal Justice: Created a center dedicated to scholarship and empirical research concerning the criminal justice system. The center published Occasional Papers and conducted the San Diego Search Warrant Project, which resulted in two published law review articles documenting racial disparity in search warrant practices in San Diego County.
Criminal Prosecution and Defense Practice Concentration: Designed and served as managing director of CWSL’s area of concentration in criminal justice which awarded a certificate of merit to those students who successfully completed the prescribed curriculum and demonstrated the requisite level of substantive knowledge and competence in the practical skills necessary to be an effective practitioner in the criminal justice arena. Students were required to meet specific goals with respect to scholarly writing, practical writing, practical work experience and pro bono service.
Pro Bono Traffic Court Clinic: The Traffic Court Clinic was a “live clinic” designed to give students real world courtroom and trial skills experience. Developed with Adjunct Professor Coleen Cusack, students receive specialized training and state bar certification, and then under Professor Cusack’s direct supervision represent motorists before the San Diego County Superior Court at arraignment and trial on vehicle code violations and other infractions.
Proposed LLM Program in Criminal Law: Designed and in cooperation with the San Diego District Attorney’s Office and Public Defender Office developed curriculum for a Masters of Criminal Law with Specialization in State Prosecution and Defense Practice. This proposal developed the curriculum for five new courses and a practicum component involving placement in the San Diego District Attorney and Public Defender offices.
Teaching Materials:
Constitutional Law Supplement (10th ed. 2011): 309-page supplement containing edited cases, articles, news clippings and analytical flow charts for second year constitutional law course.
Bail Project Manual (9th ed. 2010): 245-page manual containing detailed instructions regarding jail interviewing procedure, court procedure at arraignment, forms, statutes, articles, flow charts and other training materials pertaining to pre-trial representation of the indigent accused.
Advanced Criminal Justice Case Materials (9th ed. 2010): 139-page reader containing edited cases, articles, news clippings, transcripts, case studies and fact patterns for mock interview and bail hearing exercises.
Criminal Procedure (12th ed. 2010): 585-page textbook containing edited cases, notes and commentary, problem solving hypotheticals, articles, news clippings and analytical flow charts for second year criminal procedure course.
Cyber Workbook: Criminal Procedure (3rd ed. 2009): Online programmed learning components covering the Sixth Amendment right to counsel and Fifth Amendment privilege against compelled self-incrimination. Developed with technical assistance from Professor Andrea Johnson.
Criminal Law Additional Materials (11th ed. 2009): 247-page supplement containing edited cases, articles, news clippings and analytical flow charts for first year criminal law course.
Crimes, Civil Wrongs & the Constitution: An Introduction to Law and the Legal System, with Michael Belknap and Glenn Smith (2009): 492-page reader containing edited cases and articles for introductory course for entering law students.
Introduction to Law & Society (2009): 200-page reader containing edited cases and articles for college level course.
Operating a Defender Office: Participant’s Handbook (1978): With Burke E. Dorworth, et al, University Research Corporation. Training materials prepared for U.S. Department of Justice, National Criminal Justice Executive Training Program.