The undersigned groups are pleased to see that the U.S. Sentencing Commission has made the comparing of sentences imposed in cases disposed of through trial versus plea one of its priorities for the amendment cycle ending May 1, 2024. As groups with significant experience examining the trial versus plea sentencing disparity, we respectfully request a meeting with Commissioners or staff or both who are working on this important issue.

Back on November 4, 2022, NACDL’s then President Nellie L. King wrote to Director Peters to amplify the association’s call for (1) permitting privileged and unmonitored email communications between attorneys and clients in both pretrial and post-conviction settings and (2) for a “help desk” to facilitate scheduling of privileged attorney-client telephone calls.

We have seen the DOJ Advisory Group’s July 20, 2023, Report and Recommendations... In general, we think many of the recommendations are sensible. But some of them are troubling.

The National Association of Defense Lawyers (NACDL) respectfully submits the following comments on the Commission’s possible policy priorities for the amendment cycle ending May 1, 2024.

NACDL hereby responds to the Commission’s request for comment on the retroactive application of Part A of the 2023 Criminal History Amendment which limits, and, in some cases, eliminates status points under USSG § 4A1.1(d), and Part B, Subpart 1 of this year’s Criminal History Amendment, which amends USSG § 4C1.1 to provide for a two-level downward adjustment for “zero-point offenders.” NACDL endorses retroactive application for both provisions without limitation.

As a criminal defense organization, we do not profess to possess expertise in policing practices insofar as those practices do not directly intersect with the criminal justice system. But many police practices do have a direct impact on the treatment of accused persons, the degree to which their cases are litigated justly, and case outcomes. Accordingly, we offer a few key insights, which we hope will find their way into the Commission’s recommendations.

The National Association of Criminal Defense Lawyers, a professional society, offers the following comments for the White House’s consideration. … NACDL has particular expertise in the collection of law enforcement data. Since 2020, NACDL’s Full Disclosure Project has managed an open-source web application to track, aggregate, and analyze law enforcement misconduct data. NACDL also collaborates with advanced computing and data science partners to develop tools and processes that automate collecting and digesting police data.

NACDL is pleased to see the U.S. Sentencing Commission proposing amendments the Sentencing Guidelines that seek to address the unfair practice of allowing acquitted conduct to be considered as relevant conduct under Sentencing Guideline Section 1B1.3.

NACDL supports the Commission’s proposed amendment to §1B1.13, with some suggested modifications, and supports Option 3 to (b)(6). After reviewing the Commission’s recent hearings on this proposed amendment as well as the submitted written testimony, NACDL focuses its comments on proposals (b)(5), (b)(6), and (b)(4).

NACDL submits this comment in response the Bureau of Prisons’ Proposed rule that would significantly change the regulations regarding the Inmate Financial Responsibility Program. We oppose these proposed changes, which are harsh and inequitable and will harm not only people who are incarcerated, but their families and dependents.

With one suggestion for improvement, NACDL supports the proposed amendments to Fed.R.App.P. 35 and 40, which would consolidate and clarify the procedures governing petitions for panel or en banc rehearing, as well as petitions for initial en banc consideration.

The National Association of Criminal Defense Lawyers is pleased to submit our comments on the proposed amendments to Rules 611, 613, 804 and 1006 of the Federal Rules of Evidence.

I write to you … on behalf of NACDL and the undersigned [leaders] of 26 affiliate associations from 25 states and the Commonwealth of Puerto Rico. Our members include thousands of attorneys who … believe that access to qualified and properly-resourced counsel is essential to safeguard the rights of the indigent accused. We write to convey our profound concern about the impact of funding cuts on federal indigent defense services, specifically their impact on the thousands of accused persons who depend upon appointed counsel to secure their Sixth Amendment rights.

Comments on rules & regulations and letters submitted to the U.S. Sentencing Commission on behalf of NACDL

Comments on rules & regulations and letters submitted to various federal agencies on behalf of NACDL

Comments on rules & regulations and letters submitted to the Department of Justice on behalf of NACDL