Eviction of innocents for others' actions violates principles of fairness
Washington, DC (March 26, 2002) -- The National Association of Criminal Defense Lawyers announced that it will seek Congressional legislation to remedy the U.S. Supreme Court's decision today in HUD v. Rucker, which allows eviction of innocent public housing tenants for the drug activity of others.
"This law is unfair," said Irwin Schwartz, president of NACDL. "The Supreme Court allowed HUD to interpret its anti-drug rules to evict public housing tenants who have done nothing wrong, and penalize them for conduct of others. Congress must change the law to keep roofs over the heads of innocent people that HUD would make homeless."
The tenants evicted in Rucker included two grandmothers whose grandsons were caught with marijuana in a public housing parking lot, a disabled man whose in-home caregivers were caught with drugs in his apartment, and a woman whose daughter, living with her at the time, was caught with cocaine three blocks away.
"Congress changed federal forfeiture law so that homes could no longer be taken from owners who had no knowledge or control of those using their property for drug activity," said Schwartz. "Now Congress must extend the same protection to those who live in government-subsidized housing. NACDL was instrumental in obtaining the change in federal forfeiture law and will work with Congress to remedy this most recent injustice as soon as possible."
NACDL will have proposed legislation available to Congress before the end of its recess.
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Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook.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.
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.