Cultural Issues in Criminal Defense- 2nd Edition

Price: $150.00 774 pages. 1 Hardcover Volume. Index. Published July 2007.
ISBN-13: 978-1-57823-224-6 / ISBN-10: 1-57823-224-4

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About the Book:
Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -2nd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law.

Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive
and systematic way.

Extensively updated and expanded for its second edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.

Praise for Cultural Issues in Criminal Defense, 2nd Edition

"The second edition of Cultural Issues in Criminal Defense, with a new editor and some new writers, improves an already excellent, invaluable and necessary resource. It is a “must have” for the criminal defense lawyer whose practice involves representing people of other cultures and languages or handling cases with foreign law issues.  This unique book serves as a valuable reference to both the new and experienced practitioner. No advocate should be without it in his or her library."
-The Champion (National Association of Criminal Defense Lawyers), March 2008

“I have been a student of the Fourth Amendment since 1971 when I took criminal procedure back in what was the Fourth Amendment’s “stone age.” For 30 years now, I’ve been seeking to understand the tao of the Fourth Amendment. Understanding is everything, and one will find a significant aid in Cultural Issues in Criminal Defense, 2d Edition. How does a citizen of Mexico or any other country understand police-citizen relationships? Courts assume that our own citizens do, when, for example, consent to search or talk with the police is an issue, but we clearly do not. It is purely legal fiction. When a person from another culture is in the hands of the police, they are even more lost and clueless than our own citizens, and our duty as criminal defense lawyers is to expose why people do not understand what is happening when they consent to a search or talk to the police. This book will greatly aid us in that duty.”
-John Wesley Hall, President-Elect, NACDL (National Association of Criminal Defense Lawyers)

“Cultural Issues in Criminal Defense is a must-have resource for all lawyers defending the rights of those who hail from other countries. Written by expert practitioners in their respective fields, it provides a wealth of information and practical advice that will assist lawyers representing everyone from the migrant worker to Osama bin Laden.”
-Jeralyn Merritt, Criminal Defense Attorney and national TV legal anaylst; former Secretary and Treasurer of the National Association of Criminal Defense Lawyers and Co-Chair of the organization’s Deportation Task Force

“This reference book is an essential tool for any serious practitioner of criminal defense law. It provides clear and thoughtful analysis, essential ammunition for battling the state or the government.”
-David Z. Chesnoff, Goodman, Chesnoff & Keach, Las Vegas, NV

“It has a wealth of information and would be of great use to anyone representing clients from other cultures – be they foreign cultures or domestic sub-cultures. Overall, the book is enjoyable and a wealth of information.”
-The Champion, Journal of the National Association of Criminal Defense Lawyers–NACDL

“Lawyers who seek to educate a jury about their client’s foreign culture in order to gain an acquittal need to read this book”
-Linda Moreno, Attorney, Tampa, Florida

“Defense counsel, armed with excellent resources like this book, will be able to effectively fight for the rights of those bewildered strangers who find themselves in trouble in a strange land”
-Charles M. Sevilla, Cleary & Sevilla, San Diego, CA

"This book is a great resource for lawyers representing foreigners charged with crimes, especially in the United States. The book is an excellent reference for practitioners, criminal justice professionals, and professionals working in comparative and international criminal law. An advantage of the book is that, in addition to describing the issues arising under each of the topics, it provides very practical advice on how to deal with the various areas and subareas."
-Bruce Zagaris, Berliner, Corcoran & Rowe LLP, Washington, DC

About the Editor:
Linda Friedman Ramirez currently practices federal and international criminal law in St. Petersburg, Florida. She has emphasized the representation of foreign nationals in civil, criminal and administrative matters since 1981. As an active trial lawyer, she has represented clients from all continents, and has been a member of the CJA panels in Oregon and then Florida. She has written and spoken extensively on topics germane to defending immigrants and clients of diverse cultures, and co-authored Representing Non-English Speaking Clients, The Champion, 1993, with Leslie Kay. In June 2002, Ms. Ramirez received the Oregon Criminal Defense Lawyers Association President’s Award for Advocacy on behalf of Hispanics in Oregon.

Contributors Include:
Caitlin Bales, is at Harvard Law School, and on the Board of the Harvard Civil Rights-Civil Liberties Law Review.

Jorge Baron is a staff attorney at the Tacoma, Washington office of the Northwest Immigrant Rights Project. 

Jill Basinger is a Partner in the law firm of McDermott Will & Emery LLP based in the firm’s Los Angeles office.  She concentrates her practice on employment issues, including wrongful termination, discrimination, harassment and wage and hour.

William Buckman is a nationally known criminal defense and civil rights attorney, recognized as a leading expert on racial profiling. He is a life member and on the Board of Directors for the National Association of Criminal Defense Lawyers, and is designated as a Certified Criminal Trial Attorney by the New Jersey Supreme Court.

Martha Carter-Balske holds a Bachelor’s Degree in French Literature and Language from Universidad Autononoma de Mexico and a Diploma in Translation from El Colegio de Mexico. She currently is the staff interpreter for the Federal Defenders office in Portland, Oregon.

James G. Connell, III is a Partner in Devine, Connell & Sheldon, P.L.C, in Fairfax, Virginia, where he handles criminal defense and habeas corpus cases. He has previously served as an Assistant Public Defender in Fairfax, Virginia. Mr. Connell is the Co-Editor of Cultural Issues in Criminal Defense -1st Edition.

Floralynn Einesman is a tenured Professor at California Western School of Law where she teaches criminal procedure, evidence and advanced mediation. Floralynn began her legal career as a trial attorney at Federal Defenders of San Diego.

Brenda Horne was born in Argentina, and has been an Assistant Federal Public Defender in Las Vegas, Nevada, since 2003, defending individuals charged with criminal federal offenses.

Tova Indritz is a criminal defense lawyer in private practice in Albuquerque, New Mexico.  She is recognized by the New Mexico Board of Legal Specialization as a Trial Specialist in Criminal Law. She has a special interest in the confluence of criminal law and immigration law.

Leslie Kay is the Regional Director of the Multnomah County Office of Legal Aid Services of Oregon that provides legal services to low-income individuals including a diverse immigrant population in Portland, Oregon.

Maria Cecilia Marty holds a Masters Degree in Translation and Interpretation, Spanish (1994) from the Monterey Institute of International Studies is Monterey, CA. She is an experienced instructor in the field and serves as an Expert Witness Interpreter in both State and Federal Courts.

Robert McWhirter is currently a certified specialist in criminal law with the Arizona State Bar. Mr. McWhirter has developed a specialty in criminal immigration law having published articles in the Georgetown Immigration Law Review and the Criminal Practice Law Report.

Timothy P. O’Toole is the Chief of the Special Litigation Division of the Public Defender Service for the District of Columbia, a division devoted to the litigation of systemic criminal justice issues.

Alison Dundes Renteln  is Professor of Political Science and Anthropology at the University of Southern California where she is also Vice Chair of Political Science and the Director of the Jesse M. Unruh Institute of Politics. Her books include The Cultural Defense.                     

Jon Sands is the Federal Public Defender for the District of Arizona. He serves as Chair of the Federal Public Defender Guidelines Committee, which has statutory authority to advise and consult the United States Sentencing Commission.

Marcia Shein is a nationally recognized attorney in matters of Federal plea, sentencing mitigation, appellate and post conviction litigation. She has represented clients from Alaska to Maine and beyond U.S. borders in complicated Federal criminal cases.

Rene L. Valladares  is the Chief of the Trial and Appellate Division, Offices of the Federal Public Defender for the District of Nevada. He is Board Certified in Criminal Trial Advocacy by the National Board of Trial Advocacy. Mr. Valladares is the Editor of Cultural Issues in Criminal Defense -1st Edition.

Margaret van Naerssen, Ph.D. in applied linguistics/ language acquisition from the University of Southern California, is now on the faculty at Immaculata University (Pennsylvania), coordinating graduate-level teacher training programs in cultural and linguistic diversity.

Mark Warren is a human rights researcher and legal consultant based in Ottawa, Canada, who specializes in the application of international law to domestic criminal cases. He is the author of several instruction manuals for consular officers and for attorneys representing foreign nationals facing capital charges.

Asset Forfeiture in the United States

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