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Latest in Forensic Evidence, Victim’s Rights and Fraud to Be Discussed at Lawyers’ Annual Meeting in Toronto

WASHINGTON, July 19, 2011 – Everyone has a right to a fair trial, and it is the job of lawyers, judges and court personnel to make sure it happens. As a result, they constantly raise questions about the admissibility of forensic evidence, implicit bias victim’s rights, fraud and the suitability of expert witness to provide testimony.  The latest in these areas will be among the topics covered during the 2011 American Bar Association Annual Meeting, August 4 – 9, in Toronto.

With more than 1,400 legal programs, events and presentations by the foremost law experts, the ABA Annual Meeting is the nation’s premier gathering of legal professionals.

Through examining recent cases including the arrest of prominent Harvard Professor Henry Louis Gates, Jr., who was arrested while he pushed his way through the jammed front door of his home; and the unprecedented immigration workplace raid in Postville, Iowa; various panels will outline and discuss various issues in criminal justice.

The American Bar Association has a policy-making body, its House of Delegates, composed of representatives from across the nation and of wide expertise. This body of lawyers meets twice a year to debate guiding principles that are often adopted by the U.S. Congress or local legislatures. The delegates meet during the last two days of the semi-annual meetings. This year the House of Delegates will meet August 8-9. In addition to considering policy recommendations and voting on resolutions, the House of Delegates will bestow preeminent lawyers David Boies and Theodore B. Olson with the ABA Medal, the association’s highest honor, on Aug. 8

For more information or interview requests, contact ABA Communications and Media Relations at 202-662-1090 or abanews@americanbar.org. Online registration for news reporters is easier than ever. Credential guidelines are at http://www.abanow.org/reporter-resources/media-credentials/.

Criminal justice-related program highlights include:

Aug. 4

“Forensic Science, A View from the Bench: Challenges for the 21st Century” In criminal and civil cases the admittance of forensic evidence, which includes DNA, fingerprints, handwriting, hair, bite marks, bloodstains, and bullets, can often shape the outcome of the trial. Judges and lawyers will discuss the minimum qualifications needed for expert witnesses to describe and evaluate forensic evidence. Panelists will also explore how technology can assist the court in managing, enhancing and searching for evidentiary materials when determining the admissibility of forensic evidence.
3 – 5 p.m., Toronto Ballroom II, Convention Floor, Hilton Toronto

Aug. 5

“Justice for All: A Comparison of the Crime Victims’ Rights in the U.S. and Canada” How can we better obtain justice for all? This session will work to answer that question by providing a comparison of victims’ rights in the United States and Canada while examining the role of evidence-based research and its effect. Other probing questions, such as, How are legislation and case law affecting victims’ rights? What are the latest trends? What are the roles of judges, prosecutors, defense attorneys, victims and victims’ attorneys? and What is just and fair for victims beyond rhetoric? will be addressed.
8:30 – 10 a.m., Room 703, 700 Level, MTCC, South Building

“The Postville Raids and Agri-Processors Case: Internal Investigations, Criminal Prosecutions, and Immigration Consequences for Corporations & Individuals” The unprecedented workplace raid in Postville, Iowa, that grabbed the nation’s attention will be the source of discussion at this panel. The topics will include the subsequent criminal prosecutions of the workers and the corporation’s top officials; relevant case law and changes that have occurred since the raid three years ago; and the swift prosecutions of the workers, lack of immigration advice, and due process concerns in the proceedings. Finally, the panel will discuss what worked, what didn’t, and provide guidance for practitioners on all sides as to how to better and more effectively handle these cases in the future, including preventative measures that corporations can take.
8:30 – 10 a.m., Room 705, 700 Level, MTCC, South Building

“‘Implicit Bias’ and the Myth of Equal Justice” The controversial arrest of Harvard professor, Dr. Henry Louis Gates Jr., who was mistaken for a burglar when he tried to enter his own home in 2009, rocked the nation. This and other high-profile incidents have led the legal community to explore how human judgment can be distorted through bias in law enforcement, the courts and beyond. Using a highly interactive multimedia presentation, Slate legal affairs columnist Dahlia Lithwick and panelists will probe how bias based on gender, race/ethnicity, sexual orientation, mental or physical disability and other traits distort judgment in civil and criminal cases.  Panelists include Dennis W. Archer, former Detroit mayor, Michigan Supreme Court justice and ABA president; Mark J. Geragos, Los Angeles; and Professor Jeffrey J. Rachlinski, Ithaca, N.Y.
10:30 a.m. – noon, Room 701A, 700 Level, MTCC, South Building

Court Technology Showcase: New Applications for You and Your Court” Innovative judges and court personnel use a variety of digital tools to enhance the courtroom experience. In this session, they will discuss the technological tools that have been tried and proven to work in the courtroom. These tools will range from video and “wav” files to mobile devices to social media and knowledge management. Panelists will demonstrate these tools and share their own experiences and adaptations.
1:30 – 3 p.m., Toronto Ballroom II, Convention Floor, Hilton Toronto

“CSI Toronto: The Role of the Court in an Age of Developing Science & Technology” From the crime scene to the courtroom—in both civil and criminal cases—extensive, wide-spread reforms are needed in forensic science, according to a recent National Academy of Sciences report. A binational panel will examine the use of complex scientific and technical evidence in American and Canadian courts, including the admissibility of evidence and ways to ensure that expert testimonies are both grounded in science and acknowledge the uncertainties in any findings.
3:15 – 5 p.m., Toronto Ballroom II, Convention Floor, Hilton Toronto

Aug. 6

“Health Care Fraud Update: Significant Prosecutions, the “HEAT” Initiative, False Claims Experienced health care fraud practitioners from government, industry and prominent law firms will discuss significant developments in health care fraud. Panelists will explore recent health care fraud prosecutions of national significance, like GlaxoSmithKline and the recent activities of the Health Care Enforcement Action Team. An overview of developments in False Claims Act cases in light of the health care reform amendments and an analysis of developments in self-disclosure of health care fraud including the new self-disclosure protocol from the Centers for Medicaid and Medicare Services, as well as other self-disclosure issues will be addressed. Panelists include Hank B. Walther of the U.S. Department of Justice.
8:30 – 10 a.m., Room 703, 700 Level, MTCC, South Building

Aug. 7

“The Globalization of Anti-Corruption Law” Money laundering and fraudulent financial schemes are rampant in today’s uncertain global economy. The globalization trend will be characterized by the adoption of anti-bribery laws in the U.S. and UK’s that have a similar extraterritorial reach. A multi-national panel of experts will examine these issues as well as white-collar criminal prosecution and practice, and the globalization of anti-corruption investigations and prosecutions. The panel will report on U.S. and international developments under UK Bribery Act, the Foreign Corrupt Practices Act,, and the OECD Anti-Corruption Convention. Particular focus will be on the impact these developments will have on U.S. and foreign companies doing work in America.
10:30 a.m. – noon, Room 701A, 700 Level, MTCC, South Building

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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Note to Editors: Accredited reporters are welcome to cover the ABA Annual Meeting for free.  For credential guidelines go to http://www.abanet.org/media/credentials.html.  To register for the Annual Meeting go to www.abanews.org.

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