Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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This study of the 114th Congress revisits a 2010 joint report by the Heritage Foundation and NACDL: Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law. This new study found that Congress still regularly introduces bills with new criminal provisions that contain mens rea requirements that are not sufficiently protective. In fact, 42% of the bills analyzed had criminal intent requirements that were considered inadequate. [Released December 2021]
On May 5, 2010, NACDL and The Heritage Foundation released this groundbreaking, non-partisan report. At the release event, NACDL Executive Director Norman L. Reimer described the report as a "blueprint for principled reform" and urged "every elected official to end the madness that has produced over 4,450 federal criminal statutes, and countless tens of thousands more arising from the unchecked power of regulatory authorities." [Released May 2010]
U.S. v. Peter E. Clay, Todd S. Farha, Paul L. Behrens, and William L. Kale No. 8:11-cr-00115-JSM-MAP (M.D. Fla.) on the affairs of WellCare Health Plans, Inc.
Overcriminalization is a dangerous trend that NACDL battles daily. The case of Todd Farha and other executives at WellCare Health Plans, Inc., offer a case study in overcriminalization and unchecked prosecutorial discretion. Below, you will find links to important primary and secondary materials concerning this case.
Coalition letter to Department of Justice Criminal Division Assistant Attorney General Lanny Breuer and Securities and Exchange Commission Director of Enforcement Robert Khuzami regarding enforcement of and forthcoming guidance for the Foreign Corrupt Practices Act (FCPA).
Letter to the U.S. Nuclear Regulatory Commission regarding proposed changes to the Deliberate Misconduct Rule (79 Fed. Reg. 8097) that would broaden the provision to include those deemed to have acted with "deliberate ignorance."
Written Statement of Steven D. Benjamin, President National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Defining the Problem and Scope of Over-criminalization and Over-federalization”
Written Statement of Norman L. Reimer, Executive Director National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Mens Rea: The Need for a Meaningful Intent Requirement in Federal Criminal Law”
Testimony of Lawrence Lewis Before the House Committee on the Judiciary Task Force on Over-criminalization "Regulatory Crime: Overview – Identifying the Scope of the Problem"
Statement of Rachel E. Barkow Segal Family Professor of Regulatory Law and Policy Faculty Director, Center on the Administration of Criminal Law New York University School of Law Before the House Committee on the Judiciary Task Force on Over-criminalization "Regulatory Crime: Overview – Defining the Problem"
Written Testimony of Lucian E. Dervan Assistant Professor of Law Southern Illinois University School of Law Before the House Committee on the Judiciary Over-Criminalization Task Force, United States House of Representatives “Regulatory Crime: Solutions”
Testimony of Dr. John S. Baker, Jr. Visiting Professor, Georgetown Law School; Professor Emeritus, LSU Law School before the U.S. House of Representatives Committee on the Judiciary Task Force on Over-criminalization on "Regulatory Crime: Solutions"
Written Statement of NACDL member John D. Cline, Esq. of San Francisco, CA before the House Committee on the Judiciary Over-Criminalization Task Force Re: Reform of the Federal Criminal Code
Written Statement of Steven D. Benjamin on behalf of National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “The Crimes on the Books and Committee Jurisdiction”
NACDL President Nina J. Ginsberg's written statement to the Washington, D.C. City Council Judiciary and Public Safety Committee regarding proposed legislation to prohibit "panic" defenses in criminal cases.
NACDL President Lisa Wayne's letter to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to the criminal code that would affect which and how crimes are punished, as addressed in the Criminal Code Modernization and Simplification Act of 2011 (H.R. 1823).
