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August 29, 2018; Vol. 17 No. 08

NACDL Releases Compendium of Scholarship Addressing The Enforcement Maze: Over-Criminalizing American Enterprise

In 2016, NACDL co-hosted a free law and policy symposium with the U.S. Chamber of Commerce’s Institute for Legal Reform entitled The Enforcement Maze: Over-Criminalizing American Enterprise in Washington, D.C. The day-long symposium featured key leaders from industry, academy, law, and policy across the political spectrum. Together, they addressed the rise of over-criminalization, the inappropriate criminalizing of civil and regulatory matters, why laws need criminal intent requirements, fundamental flaws with the plea bargaining process, criminal discovery abuses and inadequacies of the grand jury process, as well as the use of certain pressures associated with enforcement against business and corporate individuals.

On August 7, 2018, as a follow up to the symposium, NACDL released a compendium of original scholarship by symposium panelists on subjects ranging from deferred prosecution agreements to discovery, and from federal conspiracy law to grand jury reform, and so much more. The compendium also includes remarks delivered by House Judiciary Chairman Bob Goodlatte (VA), former Deputy Attorney General David Ogden, and U.S. Senator Orrin Hatch (UT).

“The level of scholarship contained in this compendium is emblematic of the great work of NACDL and its allies from across the political spectrum designed to tackle the manifold challenges we face in America’s broken criminal justice system,” said NACDL President Drew Findling. “Taking on injustice in all contexts, from regulatory and white collar offenses to drug-related crimes, and everything in between, NACDL is committed to being a part of the solution. And this compendium offers a high-level toolbox of insights, ideas, and innovative approaches designed to achieve precisely that.”

To learn more about NACDL’s extensive work in both the white collar and over-criminalization areas, visit www.nacdl.org/whitecollar and www.nacdl.org/overcrim, respectively.

The Enforcement Maze compendium is available at www.nacdl.org/EnforcementMaze. Also available via that link are videos of presentations from the 2016 symposium itself.

NACDL and the Berkeley Center on Law and Technology (BCLT) present "It’s Complicated: Combating the Surveillance State in Criminal Proceedings"

On November 29-30, 2018, NACDL and the BCLT will co-sponsor a FREE CLE at the University of California Berkeley School of Law.

Advanced technologies are revolutionizing how the government investigates, charges, and prosecutes criminal cases. What issues do they raise under federal law and the Fourth Amendment, and how can defense lawyers keep pace? This conference will equip you with the tools to recognize and defend cases involving digital searches, advanced surveillance tools, technologies, and programs.

For more information and registration details, click here.

Register Now for NACDL’s CLE Webinar “Face-Off: Recognizing and Challenging the Use of Facial Recognition Technology”

On September 18, from 11:00 am to 12:30 pm, NACDL will host a FREE webinar about the practices, risks, and limitations of emerging facial recognition technology. With an increasing number of police departments across the country turning to unregulated, untested, and flawed facial recognition technology to identify suspects, it is vital defenders understand the technology, its limitations, and how to challenge its use in their cases. This webinar will explore these issues with the Georgetown Law Center of Privacy and Technology’s Clare Garvie, Bronx Defender’s Kaitlyn Jackson, and computer scientist Joshua Kroll. This webinar is supported by Grant No. 2013-MU-BX-K014 awarded by the Bureau of Justice Assistance.

For more information and registration details, click here.

NACDL Presents Champion of Justice Restoration of Rights Awards to Georgia Gov. Nathan Deal and former U.S. Deputy Attorney General Sally Q. Yates

On Thursday, August 23, at the NACDL Presidential Summit and State Criminal Justice Network Conference – Shattering the Shackles of Collateral Consequences – in Atlanta, Georgia, NACDL presented Champion of Justice Restoration of Rights Awards to Georgia Gov. Nathan Deal and former U.S. Deputy Attorney General Sally Q. Yates.

Prior to presenting the Champion of Justice Restoration of Rights award to former U.S. Deputy Attorney General Sally Yates, NACDL Executive Director Norman L. Reimer explained that NACDL inaugurated this new award to emphasize its belief in the unlimited human potential to grow and rise above adversity. He further noted that NACDL chose as the first recipients of the award two individuals whose government service encompasses the breadth of the nation’s political spectrum to underscore that criminal justice reform is a nonpartisan issue.

In presenting the first award to Sally Yates, Reimer noted that “Sally Yates steadfastly bolstered reentry efforts by supporting improved education and training opportunities, and other initiatives to, as she put it, ‘make sure that individuals who have paid their debt to society have the tools they need to be successful when they return to their communities.’”

Later that day, before Georgia Gov. Deal addressed the conference attendees, NACDL President Drew Findling presented Deal with NACDL’s Champion of Justice Restoration of Rights Award in recognition of the tremendous criminal justice reforms he has sought and implemented during his nearly eight years as governor of the State of Georgia, including in the areas of bail reform, problem-solving “accountability” courts, parole and probation, juvenile justice, re-entry, and the restoration of rights, among others.

“When Nathan Deal became Georgia governor, he put at the forefront criminal justice reform,” said NACDL President Drew Findling. “Under Governor Deal’s leadership, Georgia’s prison population has dropped dramatically, for the first time since 2002. Governor Deal has proven that mass incarceration is not the way we stop crime.”

Findling noted Governor Deal’s approach to fighting crime being rooted in improving education throughout the state. “Governor Deal has taken the position that you have to fight crime before it becomes crime by focusing on education. He is a national trendsetter on criminal justice reform.”

The remarks delivered by former Deputy U.S. Attorney General Sally Yates and Georgia Gov. Nathan Deal were covered by the Daily Report (Law.com). Links to those stories, respectively, are available here and here.

To learn more about NACDL’s extensive work in the areas of re-entry and restoration of rights, please visit https://www.nacdl.org/restoration/.

Second Chance Center Receives Champion of State Criminal Justice Reform Award from NACDL

On Friday, August 24, 2018, the Second Chance Center (SCC) in Denver, Colorado, was presented with the NACDL Champion of State Criminal Justice Reform Award at NACDL's 17th Annual State Criminal Justice Network (SCJN) conference in Atlanta, Georgia. The award recognizes an individual or group whose tremendous efforts have led toward progressive reform of a state criminal justice system.

Hassan Latif, founder and executive director of the Second Chance Center, accepted the award on behalf of the organization. Since 2012, Second Chance Center has grown to become the preeminent reentry agency in Colorado, maintaining a recidivism rate under 9% for participants involved in SCC programs. The organization helps reduce recidivism rates of formerly incarcerated people by aiding in their transition from incarceration to the outside world. SCC is staffed by experienced criminal justice advocates offering case management, mentoring, and providing client-centered services to help others remain free from incarceration traps and reestablish their lives in order to deal with the challenges of returning to their families and communities. In the same year he founded SCC, Mr. Latif also published his first book, Never Going Back: 7 Steps to Staying Out of Prison.

“The Second Chance Center seeks to reduce the recidivism rates of formerly incarcerated people through a multi-pronged approach designed to end multi-generational incarceration,” said NACDL Special Projects Consultant Angelyn Frazer-Giles, who organized NACDL’s SCJN Conference. “The determination of the Second Chance Center to bring attention to and seek avenues to address the barriers that exist for those with a criminal record aligns with NACDL’s commitment to eliminate the collateral consequences of an arrest or conviction. As such, NACDL is honored to present the Second Chance Center with its Champion of State Criminal Justice Reform Award.”

Read more here.

NACDL Board Member William Wolf Announces "Carpenter Blog"

On August 3, the Law Office of William Wolf, LLC announced a new blog devoted to the Supreme Court’s recent decision in Carpenter vs. United States (16-402). Wolf is a member of NACDL’s Board of Directors (2002-07, 2010-16, and 2017-present) and a Past President of the Illinois Association of Criminal Defense Lawyers. In addition to serving on the Fourth Amendment Advocacy Committee and the Predictive Policing Task Force, Wolf has spoken on a variety of criminal justice topics over the course of his 24 years of service at the Cook County Public Defender’s Office before going into private practice forming the Law Office of William Wolf, LLC. The “Carpenter Blog” seeks to inform readers on the latest applications of the Carpenter decision, which held that law enforcement must get a warrant to access historical cell site location information. Wolf’s blog seeks “to inform interested readers on the latest applications of the Carpenter decision as new decisions are rendered by courts nationwide.”

For more information about the "Carpenter Blog" click here.

Center for HIV Law and Policy Seeking Information on HIV Criminal Cases

The Center for HIV Law and Policy, a national legal resource and strategy center that coordinates a national effort to reform HIV criminal laws, is looking for cases that demonstrate the unfair application and consequences of these laws. They are particularly interested in cases from the following states: Georgia, Idaho, Illinois, Indiana, Kentucky, Montana, Nevada, Ohio, South Carolina, Tennessee, Virginia, Washington, and Wisconsin.

The ideal case would involve a defendant who is living with HIV who is not accused of actually transmitting HIV to a sexual partner.

They would be grateful if attorneys working in any of these thirteen states with clients whose active or recent cases fit within these criteria contact them by emailing Tosh Anderson, Program Manager, at tanderson@hivlawandpolicy.org, or by calling Tosh at 212-430-6733.

Group Admission to the Bar of the U.S. Supreme Court

NACDL is once again pleased to sponsor an opportunity for up to 12 members to participate in a group admission ceremony to the Bar of the U.S. Supreme Court in Washington, D.C. Participation in this ceremony, in which admittees are administered the oath of admission by the Chief Justice of the United States in the well of the Supreme Court, will be available to the first 12 qualified members on a first-come, first-served basis and will take place on the morning of January 8, 2019. Members will be responsible for their own travel arrangements, must be in good standing with a state bar for a minimum of three years, and must submit their completed application materials to NACDL by October 31, 2018.

Interested members should contact Shuli Carroll, NACDL’s National Affairs Assistant, at (202) 465-7638 or scarroll@nacdl.org, for further instructions.

Special Election Update
NACDL’s board of directors will conduct a special board election at its fall meeting. For details about the election and about candidacy, please see www.nacdl.org/elections.
Legislative Advocacy

Advocacy Resources: What NACDL Can Do for You  

Visit NACDL's Take Action webpage for state and federal legislative updates and action alerts. You can find more advocacy information and resources in NACDL's Advocacy Resource Library.

Please contact NACDL's Director of Advocacy, Monica L. Reid, at mreid@nacdl.org for any advocacy question or need. 

Federal Legislative Tracking  

Click here for a complete listing of all federal legislation NACDL is currently tracking. For more information on a specific bill or to learn NACDL's position, please contact Monica Reid, NACDL's Director of Advocacy, at mreid@nacdl.org.

Federal Action Alerts

Legislation to Decriminalize Marijuana Introduced in the Senate 

In June, Senate Minority Leader Chuck Schumer introduced S. 3174, legislation that would decriminalize marijuana at the federal level by removing it from the Controlled Substances Act. The bill would also provide $20 million annually for state and local programs to expunge or seal the criminal records of people convicted of marijuana possession.

Not only are our harsh drug laws a contributing factor to the United States incarcerating 25 percent of the world’s prison population, but these laws have a disproportionate impact on communities of color. African Americans and Latinos comprise nearly 80 percent of the country’s annual marijuana possession arrests, despite similar rates of use and sale with their white counterparts. The Administration has been slowly reinvigorating the failed war on drugs, and Attorney General Sessions has attempted to roll back policies that allowed states to legalize marijuana with little to no federal interference.

Tell your U.S. Senator it’s time to decriminalize marijuana – ask them to co-sponsor! 


Federal Forfeiture Laws Need Reform Now! 

Currently pending in Congress is the "Fifth Amendment Integrity Restoration Act of 2017" or the "FAIR Act" (H.R. 1555/S.642). The FAIR Act would reform federal civil forfeiture law by giving property owners more protections and reducing the profit incentive to law enforcement agencies. Now is the time for Congress to pass forfeiture reform!

Ask your Members of Congress to pass the FAIR Act. 


Act Now to Stop ICE Agents from Making Arrests at Courthouses 

Since the start of the new administration, we have seen an increase in Immigration and Custom Enforcement (ICE) agents making arrests at courthouses and other sensitive locations. We’ve already seen these incidences in Denver, New York, Los Angeles and other cities around the country.

Fortunately, legislation has been introduced to curb this practice – the Protecting Sensitive Locations Act (H.R. 1815 and S. 845). These bills would codify limits on immigration enforcement actions at or near sensitive locations, and expand the definition of sensitive location to include any federal, state, or local courthouse, including the office of an individual’s legal counsel or representative, and a probation office (among other locations). Act now to support legislation to curb this troubling practice. Ask your members of Congress to support H.R. 1815 and S. 845.  


Take Action to Support Expungement 

The Record Expungement Designed to Enhance Employment Act, or the REDEEM Act, H.R. 1906/S. 827, would automatically seal and, in some cases, expunge juvenile records. It would also allow adults convicted of nonviolent crimes to petition a court to have their records sealed.

Help NACDL reduce the collateral consequences imposed on returning citizens by contacting your Member of Congress today and urging them to support the REDEEM Act!


Take Action to "Ban the Box" 

Legislation to "Ban the Box" at the federal level was reintroduced this year. The Fair Chance Act, H.R. 1905/S. 842, would require the federal government and federal contractors to postpone a request for criminal history information from job applicants until the applicant has received a conditional offer of employment.

Help NACDL reduce the barriers to employment for formerly incarcerated people by contacting your Member of Congress today!


Take Action to Prevent the Expansion of the Federal Death Penalty 

Currently pending in Congress is, H.R. 115, a bill that would expand the federal death penalty statute by adding a 17th statutory aggravating factor for the killing or attempted killing of a law enforcement officer, firefighter or other first responder who dies while engaged in the performance of his or her official duties or because of his or her status as a law enforcement officer. H.R. 115 passed the House with a vote of 271-143. It is now awaiting action in the Senate.

Contact your Senator today and urge them to oppose H.R. 115! 

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Warren Wolf, NACDL Member (San Antonio, TX)



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