Washington, DC (May 11, 2001) -- In response to the admission by the Justice Department that more than 3,000 pages of interviews and other material were not properly and timely disclosed to the defense in the Timothy McVeigh case, National Association of Criminal Defense Lawyers President Edward Mallett issued the following statement:
"No one in the criminal defense bar is surprised at the admission that evidence was not properly disclosed in this case. It happens in too many cases and it is far too rare in criminal cases that the government steps forward to admit its failings.
"The withholding of evidence and other law enforcement misconduct is the number two cause of wrongful convictions, behind ineffective assistance of counsel in indigent cases. All too often, judges unquestioningly accept law enforcement assurances that all discoverable evidence has been turned over to the defense. Mr. McVeigh's case demonstrates that judges must be much more active in ensuring that a defendant is able to discover all evidence gathered by law enforcement.
"We should also reconsider current federal rules, which allow for less discovery in criminal cases than in civil cases.
"More immediately, there is no question that Mr. McVeigh's execution should be postponed. As important is the question whether a 30-day postponement is sufficient. If the United States is going to kill in its name, it must ensure that the man it would kill, and his defense team, have sufficient time to review these new-found materials. The government must also investigate, and report to the American people, how it was that this evidence was withheld."
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!
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.