So long as this serious deficiency exists in the criminal justice system, NACDL will be on the frontlines seeking to ensure justice and due process for all and to promote the proper and fair administration of criminal justice. This page contains legislation, laws, regulations and other commentary related to prosecutorial misconduct.
Press Release, Office of Senator Lisa Murkowski, Senator Responds to Study Showing Continued Failure to Disclosure to Defense (Nov. 17, 2014)
Commentary & Advocacy Letters
Editorial: Justice and Open Files, The New York Times, February 26, 2012. Excerpt: "Prosecutors have a constitutional duty to disclose significant evidence favorable to a criminal defendant. But too often that duty, as laid out by the 1963 Supreme Court decision in Brady v. Maryland, is violated."
NACDL Board Resolution Regarding Reform of the Hyde Amendment (February 19, 2011) and White Collar Crime Committee Report on Reform of the Hyde Amendment (November 2010)
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A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The 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 Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.
Bipartisan Discovery Reform Legislation Introduced in U.S. Senate (March 15, 2012)
- NACDL News Release: NACDL Applauds Sensible, Bipartisan Discovery Reform Legislation
- News Conference Video: Introduction of the Fairness in Disclosure of Evidence Act
- Legislation: Fairness in Disclosure of Evidence Act of 2012 (S. 2197)
- NACDL Video: America Needs Sensible Discovery Reform
- One-Page Summary: The Need for Discovery Reform
- Case Summaries: The Human Cost of Brady Violations
Existing Laws and Ethics Rules
28 U.S.C. § 530B, Ethical standards for attorneys for the Government (McDade Amendment)
28 C.F.R. § 77, Ethical standards for attorneys for the Government
28 C.F.R. § 50.2, Release of information by personnel of the Department of Justice relating to criminal and civil proceedings
ABA Model Rules of Professional Conduct (Table of Contents) –
- Rule 3.6 Trial Publicity
- Comment to ABA Model Rule 3.6
- Rule 3.8 Special Responsibilities Of A Prosecutor
- Comment to ABA Model Rule 3.8
ABA Standards for Criminal Justice: Prosecution and Defense Function – Prosecution Function