Showing 1 - 4 of 4 results
Statement to the Committee on Long Range Planning on Proposals for Federal Courts (December 1994)
NACDL President Gerald Goldstein's written statement to the Judicial Conference Committee on Long Range Planning regarding the future of the federal courts as laid out in the proposed long-range plan.
King v. United States
Amicus curiae brief of the National Association of Criminal Defense Lawyers, the Cato Institute and the Texas Public Policy Foundation in support of the petition for certiorari.
Argument: 18 U.S.C. § 1001 criminalizes the knowing and willful making of materially false statements in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States. Judicial expansions of §1001 have invited prosecutors to stretch the statute beyond its proper reach and an improperly broad definition of a “matter within the jurisdiction” clause presents significant risks of overcriminalization and misuse, resulting in wrongful convictions.
United States v. Castleman
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent.
Argument: The Solicitor General’s expansive reading cannot be squared with the manifest intent of Congress. The Solicitor General’s argument proves too much, in that it would expand predicate crimes under §922(g)(9) beyond sensible boundary. The Solicitor General’s reading of 18 U.S.C. § 922(g)(9) is so broad that it would extend a life-long ban on gun possession to anyone convicted of a domestic count of offensive touching, no matter how slight, or of any intentional act that causes bodily injury (including minor scrapes, bruises, or even a stubbed toe). Mr. Castleman’s reading does not turn §922(g)(9) into a dead letter. There is no need to expand federal jurisdiction by making every conviction for “rude touching” or the like a predicate offense in order to honor Congress’s intent with respect to § 922(g)(9). The rule of lenity supports adopting Mr. Castleman’s reading of §922(g)(9).