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As a leader in the fight against overcriminalization and mass incarceration, NACDL is committed to providing the defense bar with the tools they need to take on the complex and varied cases arising from the Supreme Court’s decision to overturn Roe v. Wade. Resources will include legal news, information on in-person and virtual trainings, and court filings focused on the specific issues defenders will encounter in these cases. These tools support lawyers in their defense of 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 related conspiracy and accomplice statutes. Initial funding for this work was made possible by funds from the NACDL Foundation for Criminal Justice, and the Evelyn D. Reimer Fund at the NFCJ.
An invitation-only in-person event
SAVE THE DATE
POSTPONED (new date TBA): A free webinar presented by Martín Sabelli and Addy Schmitt
Tools to assist defense lawyers in representing clients facing these charges, such as training videos and materials, legal reference documents, and pleadings. The library is developing so please bookmark the page to see what is new. Have a great addition to share with others? Please contribute a resource item.
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Watch the webinar Post Roe: Building Defenses in Pregnancy-Related Prosecutions: Understanding the Issues & the Science
NACDL’s CPHRP has worked with dozens of law professors and other legal experts to create this overview of relevant state laws including existing abortion laws, trigger laws that are or will soon be in effect, pre-Roe statutes that prosecutors might invoke, and fetal personhood laws. NACDL is committed to developing resources to prepare attorneys to advise clients and defend cases in the face of the criminalization of personal choice and health.
Acknowledgements: Thank you to all the volunteers who contributed these CPRHP state-by-state reports.
NACDL provides practice material submitted or shared by members and non-members, as well as external links to reliable sources, and more. NACDL does not endorse or verify the content of third-party materials posted here and advises all to check that the law is current and relevant to their jurisdiction. Information provided should not be construed as legal advice.
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Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
The Task Force will offer support to defense counsel through education and a resource center. The Task Force will work alongside NACDL Affiliate and other organizations protecting the rights of those targeted in reproductive health and pregnancy related prosecutions. This Task Force will pursue NACDL’s mission 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.
Training Working Group
Plans and conducts in-person and virtual training activities to educate attorneys representing individuals accused of offenses related to pregnancy and reproductive health. Training events have begun and the development of future events is ongoing.
Research & Resources Working Group
Works to provide a curated and searchable online reference library for defense lawyers to support representation of the accused and education on topics pertinent to defense on this issue. Examples of materials include but are not limited to briefs, motions, legal research, and a list of subject area experts.
National Points of Contact Working Group
Works with members and affiliates to identify points of contact (POC) in each state. The POCs will handle questions regarding state specific laws and legal issues. They will assist in building out a network and the coordination of local counsel to answer questions, conduct research, and support training.
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News of Interest
- "Despite dangerous pregnancy complications, abortions denied,"
- "Resistant Jurors Can Help Protect Abortion Rights (No Matter What the Law Says),"
- "Several state ballot measures resulted in victories for abortion rights supporters,"
- "Hospital Investigated for Allegedly Denying an Emergency Abortion After Patient’s Water Broke,"