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Government Accountability Office, Report to Congressional Committees, Professional Misconduct: DOJ Could Strengthen Procedures for Disciplining Its Attorneys (December 2014)
NACDL is dedicated to attaining meaningful, systemic reform to help prevent the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. When prosecutors’ fundamental obligations are ignored and individuals’ rights are violated in order to secure a conviction, little can be done to rectify the wrongs inflicted upon the individuals involved and on the system itself.
So long as this prosecutorial misconduct plagues the criminal justice system, NACDL will be on the frontlines seeking to enact effective barriers to such conduct and to ensure the rights of affected individuals are protected.
For more information on NACDL's work to provide the victims of prosecutorial misconduct with relief, read NACDL's Board Resolution regarding Reform of the Hyde Amendment and the White Collar Crime Committee Report on Reform the Hyde Amendment. Additional resources on prosecutorial misconduct and possible reform are available below:
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Pictured above: Seminar Co-Chair Gerald H. Goldstein moderating a panel on prosecutorial misconduct at NACDL's 6th Annual Defending the White Collar Case Seminar held in New York City in September 2010.
Pre-Trial Suppression & Fourth Amendment Issues
This Trial Guide is a topical and practical handbook examining the nuts and bolts of the most current Fourth Amendment & Pre-Trial Suppression issues encountered in modern criminal cases.
Defense Counsel Playbook for Eyewitness ID Cases
This Trial Guide was written to help counsel use existing case law to its strongest advantage, and to create a framework for appellate challenges urging courts to adopt leading cases.
Ultimate Cross 2.0
This special CLE compilation program includes the highest-rated presentations on Cross-Examination techniques from NACDL's most recent seminars (2017-2019).
Forensic Sciences in Criminal Cases: A Multidiscipline Primer
In order to challenge forensic evidence, experts, reports and findings commonly encountered in the courtroom, an attorney must first have a basic understanding of the forensic issues that they will be confronting.
- From The President: A Plea for Brady — A Case for Brady Material in the Plea Bargaining Process
- Book Review: Doing Justice: A Prosecutor’s Thoughts by Preet Bharara
A Brady Primer: John Leo Brady – The Defense Lawyer's Best Friend
Prosecutors are required to turn over more than exonerating evidence, and their Brady disclosure obligation is not limited to information about which they have actual knowledge. Rather, the prosecutor has a nondelegable duty to learn of Brady information in the case. But defense lawyers cannot be naive and expect the prosecutor to go out and look for evidence that will free their clients. Motions must be filed, hearings set, and follow up conducted so that every stone is unturned.
News Release ~ 05/24/2012
Two Stevens’ Prosecutors Suspended for Brady Violations -- Washington, DC (May 24, 2012) – The U.S. Department of Justice revealed today the only two disciplinary actions it has taken in the investigation of professional misconduct leading to the indictment and conviction of the late senator from Alaska, Ted Stevens.
News Release ~ 03/15/2012b
NACDL Applauds Sensible, Bipartisan Discovery Reform Legislation Introduced Today in the United States Senate -- Washington, DC (March 15, 2012) – Leading U.S. Senators today introduced bipartisan legislation to bring about sensible discovery reform in criminal prosecutions. The bill is entitled the "Fairness in Disclosure of Evidence Act of 2012." Senator Lisa Murkowski (R-Alaska) and Senator Dan Inouye (D-Hawaii) are the lead sponsors who introduced the legislation, which can be found here.
News Release ~ 03/15/2012
Misconduct Report on Ted Stevens Prosecution: ‘Systematic Concealment of Exculpatory Evidence’ -- Washington, DC (March 15, 2012) – A two-year investigation of the prosecution of late Alaska Sen. Ted Stevens reveals that federal prosecutors and an FBI agent involved in the case deliberately and wrongfully attempted to convict a sitting U.S. senator on corruption charges they knew, or should have known, were unfounded in fact.