Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner
The problem of overcriminalization is multifaceted, with many aspects that pervade our criminal legal system, including the criminalization of conduct that is not harmful to society or others; criminal statutes that lack adequate mens rea, or intent, requirements; ambiguous and vague language in criminal statutes that provide insufficient notice and insufficient limitation on what conduct is criminalized; and the imposition of vicarious liability with insufficient requirement that the charged person was involved in, or even knew about, the underlying conduct.
We advocate for immediate commutation of sentences, compassionate release, and second chances for persons convicted of non-violent marijuana offenses. The continued prosecution of marijuana crimes continues to cause irreparable harm on real people and their families. Men and women languish in federal prisons across this country for conduct today that has been legalized in many states and under statues that have been rewritten to reflect the evolving landscape in the field of marijuana.
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in support of Defendant-Appellant
Race Matters in our criminal legal system. It affects what happens from initial contact with police on the street and pretrial determinations, to the end of the case and everything in between. Race impacts the length of sentence someone is likely to receive and whether or not they receive the death penalty. This discussion series seeks to highlight how race intersects with various issues in the criminal legal system, navigating these racial disparities, and ways to advocate for change.
NACDL has serious concerns with many of the changes in the proposed rule Inmate Discipline Program: Disciplinary Segregation and Prohibited Act Code Changes, 89 FR 6455. …the proposed regulations provide no protections for people in administrative segregation and other forms of solitary confinement. Second, the creation and elevation of disciplinary violations … will lead to arbitrary and capricious enforcement and further erode public trust in the agency. Third, the proposed ban on social media accounts … impedes a critical component of successful reentry...
Brief of Amici Curiae the National Association of Criminal Defense Lawyers in Support of Appellant
Attached is the testimony of Clare Garvie, Fourth Amendment Center Training and Resource Counsel, for the U.S. Commission on Human Rights' hearing on Civil Rights Implications of the Federal Use of Facial Recognition Technology. Her testimony highlights how the use of facial recognition technology in the criminal legal system intersects with the Commission’s mandate to inform civil rights policy, enhance enforcement of federal civil rights laws, and investigate discrimination in the administration of justice.
Brief of the National Association of Criminal Defense Lawyers and the Electronic Frontier Foundation as Amici Curiae in Support of Defendant’s Petition for Review
On behalf of the National Association of Criminal Defense Lawyers (NACDL) we call upon the City of Aurora to rescind its Request for Proposals, R-2384, soliciting firms for bids to replace the city’s current public defense provider. The decision to replace the current public defense system with a flat fee contract will undercut public safety, undermine community confidence, and represents poor fiscal responsibility.
The National Association of Defense Lawyers (NACDL) respectfully submits the following comments on these important proposed amendments.
We write to voice our opposition to Senate Bill 8, a bill that would replace the multi-stakeholder Louisiana Public Defender Board with a state public defender selected by the Governor. If enacted, this legislation would significantly undermine the independence of the defense function in Louisiana, further eroding the community’s trust in our legal institutions and negatively impacting public safety, while wholly failing to address the core need of the state’s public defense system – a stable and robust stream of funding to insure the provision of constitutionally effective representation.
Brief of Amici Curiae Juvenile Law Center, the Sentencing Project, the Gault Center, National Association of Criminal Defense Lawyers, and Prison Policy Initiative in Support of Respondents Joao Neves, Keith Nunes, Pablo Ortega, and Mario Monteiro.
Brief of the American Civil Liberties Union (ACLU), American Civil Liberties Union of Massachusetts, (ACLUM) Electronic Frontier Foundation (EFF), Massachusetts Association of Criminal Defense Lawyers (MACDL), and National Association of Criminal Defense Lawyers (NACDL) as Amicus Curiae in Support of Respondent.
On behalf of NACDL, we write to address the need to amend Rule 17 of the Federal Rules of Criminal Procedure to allow the parties to issue subpoenas for documents and tangible items to third parties without leave of Court. … The current Rule 17 is ambiguous in critical respects, leading to disparate application that threatens the ability of defense counsel to adequately investigate, develop, and present available defenses, and thus to provide the level of assistance required by the Constitution.