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 justice system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal justice system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal justice 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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When law enforcement officers have a warrant to search a phone or digital device that they cannot access or decrypt, they may turn to the courts to compel the device’s purported owner to enter or produce the decryption key – typically a passcode, fingerprint, or faceprint. Case law on “compelled decryption” is sparse. Michael Price and Zach Simonetti address the technology behind encryption, describe the current state of the law, and suggest strategies for any lawyer seeking to challenge a compelled decryption order.
NACDL Director of Legislative Affairs Leslie Hagin's written statement to the House Judiciary Committee Subcommittee on the Constitution regarding the actions of bail bond companies and bounty hunters expected to change with the Citizen Protection Act of 1998 (H.R. 3168) in order to protect individuals' civil rights and civil liberties.
Coalition letter to Senate Judiciary Committee leadership regarding applying the State Secrets Protection Act (S. 417, 2009) to maintain national security while ensuring proper due process.
President John Wesley Hall and NACDL Sex Offender Policy Task Force chair Michael Iacopino's letter to the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security regarding the difficulties of state compliance and other concerns with the Adam Walsh Child Protection and Safety Act of 2006 (H.R. 4472).
President John Wesley Hall's letter to the Senate Judiciary Committee regarding the potential impact of federal reporters' shield laws on the legal process of criminal cases, reflecting on the text of the Free Flow of Information Act of 2009 (S. 448/H.R. 985).
Native American Justice Committee chair Tova Indritz's letter to members of the Senate regarding The Tribal Law and Order Act of 2008 (S. 3320).
NACDL Executive Director Norman Reimer's written statement to the House Judiciary Subcommittee on Courts and Competition Policy regarding judicial recusals post-Caperton v. A.T. Massey.
Written statement of NACDL second vice president E.E. (Bo) Edwards to the Judicial Review Commission on Foreign Asset Control regarding the Foreign Narcotics Kingpin Designation Act (H.R. 3164, 1999).
Letter to Senate Judiciary Committee leadership regarding the Attorney General's new guidelines for criminal investigations addressing FBI oversight of agents and field offices.
Published in The Champion December 2011
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.
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]
Nearly a half million people, or approximately three percent of Florida's adults, pass through the state's misdemeanor courts each year. Most are found guilty. The average court appearance lasts as little as three minutes. [Released July 2011]
NACDL created The Commission to Reform the Federal Grand Jury, drawing on the expertise of a variety of professionals throughout the criminal justice system. Commissioners spent two years examining the need for changes in the grand jury process and produced a Federal Grand Jury Bill of Rights based on their findings. The ten reforms set forth in this Bill of Rights, largely echoing those proposed by the American Bar Association (ABA) more than 20 years ago, would restore balance to the grand jury process and better protect against unwarranted prosecutions. [Released May 2000]
In Hale v. Henkel (1906), the Supreme Court held that an officer of a corporation could not assert the Fifth Amendment privilege against compelled self-incrimination on behalf of the corporation. The authors argue, however, that the basis for Hale is no longer valid. For the right client, defense attorneys should consider recommending assertion of the privilege.
