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Policing and Overcriminalization of Pregnancy

As a leader in the fight against overcriminalization and mass incarceration, NACDL is committed to providing the defense bar with tools they need to defend the complex, varied pregnancy and abortion-related cases arising from the Supreme Court’s decision to overturn Roe v. Wade. These tools support lawyers defending cases ranging from child endangerment to homicide brought against a wide array of individuals, including women charged for their pregnancy outcomes or actions while pregnant, abortion seekers, providers, and those caught up in the wide net of conspiracy and accomplice statutes.

NACDL takes no political position on abortion. NACDL embraces the fact that our members span a wide spectrum of opinions. Yet we oppose any form of overcriminalization, including abortion-related prosecutions.
 

  


Reference Library


Tools to assist defense lawyers in representing clients facing pregnancy-related charges, including training videos and materials, legal reference documents, and pleadings. Topics include conspiracy, RICO, and accomplice Liability; digital data and privacy; forensic pathology, healthcare privacy and medical records, and more. 

To access the reference library, users must create an account to affirm they work in criminal defense. NACDL membership is not required.
 

Explore the Reference Library 

 

Featured Resource


NACDL and the NACDL Foundation for Criminal Justice (NFCJ) recently published Defending Abortion-Related Prosecutions: Litigation Manual Volume 1, a free resource which represents a critical step toward the goal of ensuring that NACDL members and all defenders are fully prepared to defend abortion-related prosecutions.

Access the Manual

Supported by NFCJ

Funding for this work was made possible by contributions made to the NACDL Foundation for Criminal Justice and from the Evelyn D. Reimer Fund at the NFCJ. You too can support this work by making a tax-deductible donation.

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Events


NACDL conducts in-person and virtual trainings to prepare defenders to tackle the complex challenges of representing clients charged with pregnancy-related crimes. Learn more and register for upcoming events.


View trainings
 

Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender. May 16-17, 2025, 8:00am-5:30pm at the University of Texas School of Law, 727 E. Dean Keeton Street, Austin, TX 78705. FREE.

This two-day interactive training will provide practical skills and trial strategies for defending cases where pregnancy outcomes or healthcare decisions become the focus of criminal charges.


Media Inquires


Media inquiries should be directed to Jessie Diamond at jdiamond@nacdl.org or (202)-465-7647.

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RECENTLY ADDED & UPCOMING

  1. The Champion
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    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?

  2. Amicus Brief
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    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.

  3. News Release
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    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.

  4. Event
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    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 

  5. Webinar
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    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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