Washington, DC, December 15, 1995 -- "Forced drug testing of every citizen who's arrested raises troubling Fourth Amendment questions, and it's a blatant violation of the Eighth Amendment," declared Robert Fogelnest, president of the National Association of Criminal Defense Lawyers (NACDL), today in response to President Clinton's announcement that he will order drug testing as a condition of bail for all federal arrestees.
"If you're arrested, you're presumed innocent, and the Eighth Amendment says you have a right to be freed pending trial. The only exceptions are if a judge finds that a person is dangerous or might not show up for trial," Fogelnest explained.
"U.S. Attorneys have no right to make your willingness to take a drug test a condition of release or an issue at a bail hearing. Under our Constitution, that's not a permissible reason for a judge to keep citizens in jail. There's no room in American law for prolonging detention as a 'penalty' for not taking a drug test. It's Orwellian; next, they'll want to stop us all on the street and order us to urinate into bottles," Fogelnest added. "What has become of the notion of freedom in our American democracy?"
President Clinton is expected to sign an executive order Monday directing Attorney General Reno to order the drug tests.
"The President, I'm sad to say, must have Bosnia on his brain," Fogelnest commented. "I suspect this is a reaction to some staffer reminding him that he hasn't renewed his "war on drugs" credentials lately."
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Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook.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.