In 2021, legislation to reform discovery procedures (SB 751) passed the Oregon state legislature and was signed into law. The bill modifies the definition of “disclose” for purposes of providing discovery and requires the district attorney to provide exculpatory evidence to the defendant, regardless of whether the information is in writing or recorded. The bill also specifies that copies of required materials must be provided to a defendant by the district attorney unless a copy cannot be reasonably provided. Under the bill, defendants must be allowed to inspect, photograph, and conduct independent testing of tangible physical evidence. NACDL assisted the Oregon Criminal Defense Lawyers Association (OCDLA), an NACDL affiliate, by identifying criminal discovery trends in other states, as well as a breakdown of major provisions in other state discovery rules and/or statutes.
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The Champion
March/April 2025
What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?
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Amicus Brief
Jenner & Block LLP v. U.S. Department of Justice
Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.
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News Release
News Release ~ Law Enforcement Executive Order
NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.
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Event
Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender
LOCATION: The University of Texas School of Law, Austin, TX
DATE: May 16-17, 2025
COST: FREE (registration is required)
CLE Credit: Up to 14.5 credits -
Webinar
Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise
WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
CLE CREDIT: not available
COST: Free
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Alcohol, Blackouts and Consent in Sex Cases
This comprehensive training program provides defense attorneys with a rigorous, science-backed approach to dismantling prosecutorial narratives, exposing unreliable testimony, and ensuring that juries are properly educated on the complexities of memory, intoxication, and consent. You'll explores critical mistakes and misconceptions encountered in these cases, including errors in memory reconstruction after an event, incorrect inferences, cognitive schemas, suggestibility, contamination and misinformation, mistakes of fact and more.
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Overcoming the Presumption of Guilt and Defining Reasonable Doubt
Reasonable Doubt, what is it?
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The DIY of DNA: Exoneration Through DNA Evidence
This presentation might be the first time you’re truly able to truly grasp the fundamentals of DNA evidence. This critical presentation blends real-world storytelling with clear, practical instruction—making DNA evidence finally feel accessible, even to non-scientists—while inspiring attorneys to dig deeper, ask smarter questions, and approach forensic science with newfound confidence. You’ll learn how to identify and interpret electropherograms, understand autosomal vs. Y-STR testing, and recognize the limits of DNA evidence—particularly when it involves partial or mixed samples.
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AI Rising: Integrating & Fighting the Use of Artificial Intelligence
This unique online training will discuss hot topics in AI, including how you might integrate these tools into your practice, use them ethically, and, how you might attack law enforcement’s use of AI tools to ensnare your clients. You'll also uncover e-discovery and combing through terabytes of data all the way to using ChatGPT to test cross-examination questions. These tools can generate content and reach conclusions.
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A Defender's Guide to Federal Evidence - 2nd Edition
This brand-new 2nd Edition 2024 Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The updated 2024 Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The 2nd Edition Guide contains multiple new and updated user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems.