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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.
Showing 1 - 11 of 11 results
Brief of the National Association of Criminal Defense Lawyers and American Civil Liberties Union Foundation as Amici Curiae In Support of Appellant
Argument: NACDL and the ACLU Foundation filed a joint amicus brief addressing how courts should implement during jury selection an informed understanding of implicit (or “unconscious”) racial bias. In a case in which the defendant and his trial counsel are African American, the district court struck for cause a prospective juror who said race would “impact” her deliberations in that she would scrutinize her thinking for the effects of “inherent bias.” While recognizing that jurors should examine their own thinking for the effects of unconscious bias, the court thought that examining witness testimony for its effects would be improper. Believing the juror would do both, the judge granted the government’s for-cause challenge. That ruling restricted a fundamental jury function: weighing bias in assessing witness credibility. Barring consideration of racial bias in particular threatens the accused’s rights to an impartial jury and fair trial. The ruling also undermines public confidence in the criminal legal system and the rights of diverse jurors to serve as jurors. Mateo de la Torre of King & Spalding LLP was the volunteer author, with input from colleagues Jamie Dycus and Craig Carpenito. Claudia Van Wyk, Staff Attorney at the ACLU’s Death Penalty Project, contributed substantial research and drafting. MartÃn Sabelli and Lisa Mathewson were on the brief for NACDL. Mr. Johnson is represented on appeal by Renee Pietropaolo of the Federal Public Defenders Office (W.D. Pa.). The case is United States v. James Johnson, No. 22-2845 (3d Cir.).
This discussion examines the roles of race, power, and engagement in the attorney-client relationship.
Presented by Cynthia W. Roseberry, Secretary of the Board of Trustees, Wilberforce University
Race Matters II: The Impact of Race on Criminal Justice January 10-11, 2019 | Los Angeles, CA
Presented by Callie Glanton Steele, Senior Litigator, Office of the Federal Public Defender, Central District of California (Los Angeles)
Presented by Nan Whitfield, Deputy Public Defender, Los Angeles County Public Defender
Voir Dire: Part II presented by Kyana Givens, Assistant Federal Defender, Federal Public Defender Western District of Washington (Seattle)
Race Matters I: The Impact of Race on Criminal Justice September 14-15, 2017 | Detroit, MI
Voir Dire: Part I presented by MartÃn Sabelli, attorney, San Francisco, CA
The Myth of Colorblind Justice presented by L. Song Richardson, Professor of Law, University of California, Irvine
There is no question – racial and ethnic disparities abound in our criminal justice system. Racial bias, both conscious and unconscious, results in more people of color being stopped, arrested, convicted and imprisoned than ever before. Criminal defense lawyers and public defenders are not immune to bias and, of all people in the system, should be aware of their biases and keep them in check.
Implicit racial bias in forensic testimony cannot be ignored as a primary driver of injustice. Janis Puracal discusses how implicit racial bias can impact forensic testimony, and she shares her family’s story.
Brief of the National Association of Criminal Defense Lawyers et al. as Amici Curiae in Support of Plaintiff-Appellant.
Argument: Expanding police discretion would exacerbate the racial inequities entrenched in Vermont's criminal justice system in general, and its traffic enforcement practices in particular. Implicit racial bias impacts police office behavior and perceptions of what constitutes criminal behavior.
