"'Overcriminalization' Making Us a Nation of Felons?" Video Report and Article, CBN News, April 1, 2012. CBN's John Jessup reports from Washington with legal commentary from NACDL Board Member Timothy P. O'Toole.
"Convicted of a Crime He Didn't Know He Committed," Video Report, The Wall Street Journal, December 13, 2011. Wall Street Journal's Neil Hickey reports from Washington with legal commentary from NACDL Board Member Timothy P. O'Toole.
Personal Stories of Overcriminalization
John Yates - Video: The Fishy Case Before the U.S. Supreme Court, Case Summary - In His Own Words, Background, U.S. Supreme Court Opinion Reversing Conviction, SCOTUSblog Analysis of Opinion, U.S. Supreme Court Oral Argument Analysis, NACDL amicus briefs (on writ of certiorari and supporting Yates), USA Today article
Jack and Jill Baron - Video: In Their Own Words – No Home for Justice
Carol Anne Bond - Case Summary, U.S. Supreme Court Oral Argument Recap, U.S. Supreme Court Opinion Reversing Conviction, Cato Institute's Opinion Analysis, Manhattan Institute's Opinion Analysis, New York Times Article
Bradford Councilman – Video: In His Own Words – System Error
Mark and Amy Denicore - Video: In Their Own Words – Summoned by the Bell
Lawrence Lewis - Video: In His Own Words – Flushed Away
Abner Schoenwetter - Case Summary
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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Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook.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.
Press & Commentary on the Destruction Caused by Overcriminalization
"Prosecutorial Over-Criminalization: Fishing for Guilty Pleas," The National Law Review, December 2, 2014.
"Manhattan Moment: Overcriminalization is also a problem in the states," by James R. Copland and Isaac Gorodetski, The Washington Examiner, October 31, 2014.
"Overcriminalization Comes To National Parks As People Who Fly Toys Face Six Months In Jail," by Gregory S. McNeal, Forbes, August 31, 2014.
"Chemical Weapons Treaty Does Not Apply to Petty Crime, Justices Rule," by Adam Liptak, The New York Times, June 2, 2014. [Full Opinion]
"Justices to Weigh Finance Law as It Was Applied to Little Fish," Adam Liptak, The New York Times, April 28, 2014.
"MALCOLM/REIMER: Over-criminalization undermines respect for legal system," by John G. Malcolm and Norman L. Reimer, The Washington Times, December 11, 2013.
"Over-criminalization and the Tragic Case of Aaron Swartz," by Ammon Simon, National Review, January 15, 2013.
"Ex-Glaxo VP on 'The Criminalization of the Practice of Law'," by Jennifer Smith, The Wall Street Journal, October 1, 2012.
"The Overcriminalization of America: Are We All Criminals Now?," by John W. Whitehead, Huffington Post, August 6, 2012.
"When Everyone Is an Offender," The Atlantic, September 28, 2011.
"As Federal Crime List Grows, Threshold of Guilt Declines," The Wall Street Journal, September 27, 2011.
"As Criminal Laws Proliferate, More Are Ensnared," The Wall Street Journal, September 27, 2011.
"Overcriminalization on Appeal - Notable concurrence from Chief Kozinski as 9th Circuit Reverses White Collar Conviction," Sentencing Law & Policy Blog, December 10, 2010. [Full Opinion]
"Rough Justice in America - Too many laws, too many prisoners," The Economist, July 22, 2010.
"Editor's Highlights: America locks up too many people, some for acts that should not even be criminal," The Economist, July 22, 2010.
For additional coverage and materials on the problem of overcriminalization generally, visit the Overcriminalization Advocacy and Scholarship webpage.