Litigating Race to Protect our Client’s 4th Amendment Rights: Fighting Implicit and Explicit Bias Underlying Decisions made by the Police, Prosecutors, and Judges
Date(s): November 1, 2019
Time: 1:00 PM EST - 2:30 PM EST
Litigating Race to Protect our Client’s 4th Amendment Rights: Fighting Implicit and Explicit Bias Underlying Decisions made by the Police, Prosecutors, and Judges?
November 1, 2019, 1:00 p.m. Eastern, 90 minutes
Webinar Faculty: Andre Allen Vitale
About the Webinar: Racial bias, both implicit and intentional, negatively impacts people of color within the criminal prosecution system. Nowhere is this more evident than in decisions made by police, prosecutors, and Judges in the area of probable cause determinations which invade on our client’s right of privacy in their persons, possessions, and homes. From where the police choose to focus enforcement, to who to search, who to arrest, who to charge, and determinations about whether the police had probable cause, are all influenced by racial bias. As criminal defense lawyers, we know bias plays a part in all these decisions, yet too many times when litigating 4th Amendment issues we limit our focus to legal standards and an objective application of the facts against the law. In fighting against violations of our clients’ 4th Amendment rights, we need to include the effect racial bias plays in these decisions. This presentation will discuss why it is so important for criminal defense lawyers to include racial bias in their motions to suppress evidence. We will also discuss strategies on how best to accomplish this mission.
About the Faculty: Andre Vitale (Jersey City, NJ). Andre has served as a public defense lawyer for over 20 years as a trial lawyer, training director, educator, and mentor. He currently works as an Assistant Deputy Public Defender with the New Jersey Office of the Public Defender, where he is assigned to their Hudson Trial Region. Andre is the co–chair of NJ OPD’s Forensic Science Working Group. He has extensive trial experience taking more than 90 cases to verdict, while handling some of the most complex matters. He has developed an expertise in defending homicide and sex cases, with a proficiency in contesting forensic and other technical evidence, including DNA, fingerprints, CSAAS, and eyewitness identification. Andre developed much of his knowledge through his own diligence, but is always happy to share the lessons he has learned with other lawyers so they can benefit from his experience to develop their own skill base and confidence. As a Training Director he has created new, innovative, and interactive programs designed to help attorneys develop legal knowledge, confidence in their abilities, and the skills necessary to be successful lawyers, as well as inspire them to serve as client–centered, relentless advocates for their clients. He has developed programs designed for new attorneys as well as advanced trial skills programs for more experienced lawyers. Andre designed a Defending a Child Sex Case advanced trial skills program, which has been used by State Public Defender Offices in Montana, Missouri, and New Jersey. He is a core faculty member with Gideon’s Promise (gideonspromise.org) and Harvard Law School’s Criminal Justice Institute Trial Advocacy Workshop (TAW). He has also served on the faculty of the Colorado Alternate Defense Counsel Litigation Academy; the New Jersey Office of the State Defender Trial Skills program; the Bronx Defender’s Academy; the Louisiana Public Defender Training Institute; the Litigation and Persuasion Institute (Kentucky); the Litigation and Talent Academy (Seattle); and Legal Aid Society’s (NYC) DNA Defense College. He is both a presenter and frequent blog contributor for the National Association of Public Defense (publicdefenders.us). Andre previously served three terms as a Board Member with the New York State Association of Criminal Defense Lawyers (NYSACDL), chairing their Indigent Defense Committee and CLE Committees. Due to his passion and commitment to client–centered representation, Andre has received the Kevin Andersen Award by the New York State Defender’s Association (NYSDA) and the Denison Ray Award by the New York State Bar Association. In addition to his legal accomplishments, Andre has finished twenty–one marathons.