We estimate conservatively that the free resource DefenseMap.com can save attorneys 100-500 hours a year in information gathering--all while yielding vastly more information.
Below is an outline of how the site can be understood and implemented in one of two ways: (A) in 10 minutes or (B) somewhat more thoroughly, in about 1 hour.
We strongly encourage attorneys to consider having a highly competent staff member undertake a review of DefenseMap.com as well. As well as learning this tool, that person can review The Promising Role of a Staff Member in Implementing Defense Maps for information on the game-changing role of what we call an Attorney-Client Liaison (ACL).
A. (10 minutes) Watch defense counsel Jeff Kimmell's 2-minute video (available on the "Attorney and Staff" page), create your Professional Account from the Register/Log In button, and use the simple directions in the margin of that Professional Account to send one or more clients to the site.
Tell them your version of, “This will help your case a ton!” or, “I need this to do the best for you.” FAQ #3 has more information about simple approaches attorneys have been using to prompt client compliance.
B. (about 1 hour) This fuller exploration can occur with just the following.
From there, you’re up and ready to refer your first client to the site.
While not essential to commencing use of this resource, professionals wishing a quite detailed picture of the theory behind, contents of, and benefits to this resource are encouraged to see A Comprehensive Introduction to DefenseMap.com, The Constitutional Case for Incarcerated Persons’ Access to DefenseMap.com, and FAQs #24 and #25 on easily implementing a Security Zone version of this website in jails and prisons.
Remember you’re always welcome to use our Helpline for personal assistance.
There are two simple Options. Feel free to use our Helpline if you have any questions about these.
Option #1 (an automatic email from our system):
Professionals can use the simple “Refer a client to Defense Map” link on the left column of their Accounts. Upon doing so, (a) an email automatically goes to the client explaining the simple steps to completing a Defense Map and (b) upon completion the client will see a simple one-click way to put his Map on the Account of the professional who made the referral.
Here is a copy of the system’s automatic Email referral to clients.
Option #2 (sample emails attorneys can adapt for their own referrals)
Attorneys or their offices can make their own client referrals to the website by email, mail, or spoken instructions.
For attorneys wishing to use their own referrals, here is a link to 2 Sample Email Referrals they can adapt as they wish.
Here are three suggestions from attorneys successfully getting virtually all their clients to complete a Defense Map within a day.
This can be a vital position in a private office or public defender agency. For some ideas on it, see The Promising Role of a Staff Member in Implementing Defense Maps.
DefenseMap.com takes the security of user information as the highest priority. We remain vigilant about all security matters and have never had a breach of security or instance of unauthorized access. Here are some of the particulars of the state-of-the-art security precautions in place.
We constantly work with a goal of ensuring that all information handled in this system is, in fact, overwhelmingly safer than any paper communications.
This depends largely on the complexity of the case, the client's background issues, and how much the client chooses to share.
We estimate that a thorough job on the website can take 2-4 hours.
We think it can help to remind clients they can log on and off as much as they wish to finish--and that they can even return to add more information after first finishing and receiving a Defense Map.
Defense Maps are entirely free. Their use is underwritten by the Freedom 22 Foundation, the charity responsible for UpToParents.org, AssessFamily.org, and other free resources assisting the legal community's service of the public's best interests.
People and charities wishing to assist in promoting awareness of this resource are welcome to contact us through our Helpline.
First, clients can use the ReadSpeaker icon to hear the questions read to them.
Second, they can contact us on our Helpline link.
Third, if they need “hands-on” help from a friend or family member, they can make sure their attorney approves. The attorney can give guidance about the confidentiality of the information shared with the person offering help.
Finally, some law offices and public defender offices have arrangements for their staff members or volunteers to help clients with this work. We think the opportunities here are almost limitless. Whoever offers this assistance, of course, needs to be (i) working as an agent of the attorney and (ii) instructed in the law of attorney-client confidentiality. Here are some possibilities, including using free volunteer or unpaid intern positions.
All of this can be done easily from the Conclusion Page clients see after entering their information (or when logging back on after a Defense Map is first created).
While this is all easy to do, clients and attorneys with questions can always use our Helpline link.
While our website gathers many times more information than even lengthy face-to-face intakes, it also (a) evaluates clients’ information through over 40 screens and (b) organizes the Defense Map in ways that make the information as instantly usable as possible.
As one example, the second page of each Defense Map is a Flags page that concisely highlights some of the most significant issues disclosed by the client’s information.
The Index of Supporters is a powerfully annotated list in each Defense Map of the people the client believes can help—whether by (i) helpful testimony or comment about the client or (ii) some tangible assistance in the client’s life.
The Index includes each supporter’s:
Each of the adult Defense Maps in the Sample Maps link on the upper-left of the homepage includes an “Index of Supporters.”
For some ideas on how a defense office can take maximum efficient advantage of each Index, see The Promising Role of a Staff Member in Implementing Defense Maps.
We absolutely think so. Rarely are public defenders supported by even a fraction of the administrative and investigative assistance enjoyed by prosecutors.
We’re available and anxious to consult about this. We encourage any public defender office interested in this to consider Defense Maps as Part of Broader Support of Public Defenders and be in touch with us.
There isn’t. Because the site must perform functions like (a) funneling clients into their case type, (b) selecting the relevant 300-500 questions from over 850 possible ones, and (c) following up on issues as they are disclosed, this would be an impossibly long and unusable book.
We encourage professionals to work for incarcerated clients’ access to Internet-connected computers limited to use of DefenseMap.com. See FAQ #25 with our thoughts on this and the current unconstitutional advantage police and prosecutors have, given that they routinely interview witnesses in locations with Internet access, as well as video and audio recording.
These are vital players in the delivery of effective representation of accused persons.
We think of “Allied Professionals” as any persons working with a criminal defense attorney, whether on a specific case or in the ongoing delivery of criminal defense assistance in a private law office, public defender office, or other legal program. In other words, they include both persons retained case by case and inhouse staff.
Allied Professionals can include, among others:
To protect attorney-client confidentiality, we think Allied Professionals must be acting under the direction of an attorney when making client referrals to DefenseMap.com.
Like attorneys, Allied Professionals may open their own professional account with DefenseMap.com and use that account to hold all Defense Maps that clients have elected to link to it. From their accounts, Allied Professionals can also execute attorneys' direction to refer clients to DefenseMap.com.
We encourage you to visit the "Allied Professionals" page (linked to the homepage). From there you can access the memo "Defense Maps and the Expanding Role of Mental Health Professionals in Criminal Cases."
Clients can add their Maps to the accounts of more professionals from the bottom of the Conclusion Page.
Professionals can also easily place Maps on each other's accounts (an option that can expedite co-professional cooperation). This is accomplished by a link on professionals' accounts under each Map showing the option to place that Map on other professionals' accounts. (Obviously, professionals will want to be sure to have the client’s permission before using this option.)
Defense Maps allow these allied professionals to help in a broad range of tasks, from securing the Maps to receiving them from clients, reading them and checking them for completeness, preparing memos for the entire team, and more.
More information is available on the Allied Professionals link and in these articles.
Here are most of DefenseMap.com's screens.
No anonymous tool should pretend to reach such conclusions.
A Defense Map is intended to be a valuable help for clients and the professionals working with them, who must together make these final decisions.
This is a term we use to describe one of the helpful possibilities a Defense Map offers to clients and counsel: aiding clients in an early opportunity to consider changes they might want to make in their lives.
Section 21 in particular gives clients the chance to consider possible changes in 10 areas of their lives, as well as specific steps they might take as soon as possible to start those changes.
More about Dynamic mitigation can be found in Distinguishing a Legal Practice with Defense Maps.
Absolutely. The chance to review one's life (and life opportunities) is one of the chief reasons for DefenseMap.com.
If you're choosing to do this, we'd recommend the "Trying to shorten incarceration" version for people who are in prison or jail, and the "Seeking expungement" version for people who are free.
Good luck with this use of DefenseMap.com. And feel free to use our Feedback link to let us know how it worked for you.
Yes. Clients held before trial have the option of answering questions bearing on their trustworthiness (a) to appear and (b) to avoid inappropriate activities while released. Clients filling out this “Pretrial release” section will have a section in their Maps not only summarizing the inquiries of typical current risk assessments but also noting up to 15 commonly overlooked considerations indicating trustworthiness for pretrial release. For examples of this powerful information, see the Defense Maps of Michael Peterson and Charlie Calhoun on the Sample Maps link at the top of this page or the homepage.
Here are some of the factors in Defense Maps that attorneys can use to show that clients are likely to be crime-free and compliant on pretrial release.
It will always be important for attorneys to spend adequate time with their clients. The issue is one of (a) making attorney time reasonably effective and (b) giving the defense even a remote approximation of the “balance of forces” guaranteed by the unanimous opinion in Wardius v. Oregon and the other authorities treated in The Constitutional Case for Incarcerated Persons’ Access to DefenseMap.com.
An almost-universal reaction of attorneys first using DefenseMap.com is astonishment that even in the most thorough of face-to-face interviews clients had failed to share massive amounts of vital information. This is one of the reasons that we encourage attorneys to obtain Defense Maps even from clients they’ve represented for some time. See Receiving Defense Maps in All Current and New Cases.
In fact, one of the first attorneys to begin making the website a standing resource in his work (Jeff Kimmell, see KimmellLegal.com) estimates that clients share three- to ten-times as much vital information in Defense Maps as in even careful interviews. We think this estimate is probably quite accurate.
Significantly, the case for depriving the defense of this tool comes almost entirely from corrections and public officials who have never acquainted themselves with it or the constitutional and public policy reasons for its availability to incarcerated persons. We respectfully suggest that anyone advocating for denial of this resource to incarcerated persons and their counsel has two burdens.
First, he has the burden of answering the reasons carefully laid out in A Comprehensive Introduction to DefenseMap.com that there is simply no “interview substitute” for Defense Maps—including that Introduction’s treatment of the following.
Second, he has the burden of explaining why the prosecution should have unlimited, and in many cases exclusive, access to dozens of technologies and fields of forensic science while the defense cannot have even this modest resource to uncover hundreds of easily missed data points supporting exoneration of the innocent and fairer treatment of the overcharged. Because this disparity seems at extreme odds with the “balance of forces” guarantee of Wardius v. Oregon and the other authorities treated in The Constitutional Case for Incarcerated Persons’ Access to DefenseMap.com.
Embedded in the site are tracks for 5 different kinds of cases, and clients’ answers will automatically put their cases in the proper track.
As to tracks b and c, FAQ #25 shows how jails and prisons now have the entirely secure option of Chromebooks programmed to reach only DefenseMap.com.
Defense Maps can be of particular value in both habeas/postconviction cases (see the Defense Map of David Johnson for an example) and also efforts at sentence modifications, parole, and clemency (see the Defense Map of Abi Jenkins for an example).
Here is some of what is covered in Defense Maps for habeas/postconviction clients.
By the 2020s, there's simply no justification for depriving incarcerated people a modern-day tool for modern-day communication with counsel.
And especially when that tool provides for:
Not only is this tool vital for fair representation, but it represents a small fraction of the interview advantage enjoyed by prosecutors, all of whom have the convenient (and, according to Wardius v. Oregon, patently unconstitutional) advantage of interviewing incarcerated witnesses at their technology-rich interview centers.
In fact, the following four documents demonstrate why providing online access for clients’ use of DefenseMap.com should be recognized as the joint constitutional obligation of the defense bar, courts, police and prosecutors, and detention authorities.
There is no countervailing security issue for jails or prisons. Already in a pilot program at the Level I St. Joseph County Jail in South Bend, Indiana, Chromebooks affording access only to DefenseMap.com are allowing inmates to complete their Maps and automatically place them on their attorneys' accounts for immediate use.
It needs to be added that the security of these configured Chromebooks is unsurpassed. They cannot be used for any purpose other than accessing DefenseMap.com, and all potentially interactive links such as the Helpline are shut off. In fact, as can be demonstrated by a jail or prison’s examination of any of these Chromebooks, no inmate can even remove any settings or data currently on them.
Any changes to the reach of the subject Chromebooks cannot be accomplished on one of these Chromebooks themselves. An entirely separate computer plus simultaneous access to the subject Chromebook would be necessary. The following five measures block any unauthorized access to change the reach of the Chromebooks.
In short, the multi-layered, multiple-factor security here is equal to, or even greater than, that on financial and other highly sensitive accounts. And again, jail and prison staff (including IT staff) are welcome to examine these Chromebooks and have all their questions answered before deciding to make them available to inmates.
Administrators of facilities interested in implementing a Jail and Prison Version can simply use the website’s Helpline to learn how quick, simple, and inexpensive this implementation is.