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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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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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Public defense issues and developments in Idaho
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.
Idaho repealed its pre-Roe ban on abortion in 1973. 1973 Idaho Sess. Laws 442, Ch. 197, §2. Since then, the legislature has passed a series of laws restricting abortion that are currently enjoined by court orders in reliance on Roe. After Dobbs, these injunctions may all be vulnerable to reconsideration.
Policies and rulings on lengthy imprisonment terms in Idaho.
Information on the policy and history of recording custodial interrogations in Idaho.
Attorney-client communications federal caselaw and state-specific anecdotal data in Idaho
Brief of Amici Curiae National Association of Criminal Defense Lawyers and Idaho Association of Criminal Defense Lawyers in Support of Plaintiffs-Appellants.
Argument: Plaintiffs allege systemic deficiencies in Idaho’s provision of public defense services and seek prospective relief. The court is addressing the proper standard to apply to plaintiffs’ claims. Plaintiffs should be required to demonstrate that Idaho’s public defense system presents a substantial risk of harm to members of the plaintiff class. The types of harm that can result from the systemic deficiencies alleged by plaintiffs include overly high bail, unnecessary or overlong pretrial detention, unwarranted guilty pleas leading to negative collateral consequences, lack of time and resources to prepare defenses, wrongful convictions, and economic and social costs to society as a whole.
Argument: The violations alleged by the plaintiffs cause ongoing and cognizable harm. The district court applied the wrong legal framework to the plaintiffs' claims. A criminal defendant has a fundamental right to counsel at any "critical stage" of the proceedings against him. The Sixth Amendment can also be violated if the attorney's performance fails to meet constitutional standards. Federal and state courts addressing claims for prospective relief, like the plaintiffs' claims here, have rejected application of the Strickland standard.
Public defense issues and developments in Idaho