NACDL is providing resources regarding the Criminalization of Pregnancy and Reproductive Health to the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.

NACDL worked with partners to successfully oppose drug trafficking homicide legislation in Arizona.

See the various issues on which NACDL has conducted criminal justice advocacy in Arizona. Scroll to the bottom of the page to see active legislation in Arizona that NACDL is tracking.

NACDL is working with partners to advocate for drug defelonization in Arizona.

A.R.S. § 36-2152 sets out detailed requirements for parental consent and procedures for judicial bypass.  A person who performs an abortion on an unemancipated minor or aids or assists in procuring such an abortion in violation of the section is guilty of Class 1 misdemeanor.  Exceptions include medical emergency or if pregnancy resulted from sexual conduct with certain relatives, guardian, foster parent, or cohabitant of mother.  No liability if person reasonably relied on minor’s representations.

Op-Ed opposing Arizona House Bill 2021, which would create the crime of drug trafficking homicide. Published in the Arizona Capitol Times on March 2, 2022. By Jeremiah Goulka of the Health in Justice Action Lab.

Fact sheet with talking points on why Arizona should defelonize drug and paraphernalia possession. Published by coalition of organizations including NACDL, Arizona Attorneys for Criminal Justice, ACLU Smart Justice Arizona, 4Tuscon, Just Communities Arizona, League of Women Voters of Arizona, Law Enforcement Action Partnership, and Sonoran Prevention Works. 

Policies and rulings on lengthy imprisonment terms in Arizona.

Information on the policy and history of recording custodial interrogations in Arizona.

Attorney-client communications federal caselaw and state-specific anecdotal data in Arizona

In The Superior Court of The State of Arizona in and for The County of Maricopa: The State of Arizona v. Hunter

State's motion to preclude evidence of canine searches; Defendant's motion to preclude pursuant to daubert and rules 401,402, 403, and 702;

Appeal from the Superior Court in Maricopa County

In The Superior Court of The State of Arizona In the County of Pima: State of Arizona v. Taylor;

Petition for Post-Conviction Relief

Amici curiae brief of the Juvenile Law Center, the National Association of Criminal Defense Lawyers, et al. (totaling 41 groups and individuals set forth in Appendix A to the brief) in support of real party in interest Tyler B.

Argument: Age and other circumstances particular to youth are crucial factors in assessing the voluntariness of a consent to a search under the Fourth Amendment. Where the search is conducted in the school setting, age is even more relevant to the voluntariness determination.

Brief of Amici Curiae National Association of Criminal Defense Lawyers (NACDL) in Support of Petitioner Jason Derek Krause. 

Argument: When exculpatory evidence is first revealed after trial, a reviewing court’s prejudice analysis must include an assessment of how the defense strategy would have differed if the state had timely disclosed the information. The prosecutor has a duty to disclose exculpatory evidence. Exculpatory evidence can significantly impact trial strategy. Prejudice from belated discovery is evaluated in terms of its effect on defense preparation and strategy. Mr. Krause was harmed by the state’s failure to timely disclose the flaws in the forensic science.

Amicus Curiae Brief of the American Civil Liberties Union, the American Civil Liberties Union of Arizona, and the National Association of Criminal Defense Lawyers in Support of Petitioners.

Argument: Categorical denials of the right to bail run afoul of due process. Courts have emphasized that pretrial liberty is the norm since U.S. v. Salerno. Hearings to determine whether "the proof is evident or the presumption is great" do not satisfy due process requirements as they violate the presumption of innocence. Arizona's categorical bail denial law is an outlier despite the well-established tradition nationwide of release in noncapital cases. Pretrial detention causes widespread, irreparable, and unnecessary harm.