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.
Take a stand for a fair, rational, and humane criminal legal system
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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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NACDL's 19th Annual State Criminal Justice Network Conference August 17-19, 2020 | Held Virtually Marsy's Law
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.
The Supreme Court’s decision in Dobbs v Jackson Women’s Health Center triggered a ban on abortion except in cases of medical necessity to prevent the death or “substantial risk of death” or “to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” KRS 311.772. Even in these medically necessary situations, the physician is required to make “reasonable medical efforts” to preserve both the pregnant person’s life and the fetus’s viability. Violation of the law is punishable as a class D felony.
NACDL opposed Marsy's Law, a sweeping victims' rights constitutional amendment, in Kentucky.
See the various issues on which NACDL has conducted criminal justice advocacy in Kentucky. Scroll to the bottom of the page to see active legislation in Kentucky that NACDL is tracking.
NACDL hosted a National Advocacy Call on Developing Legislation on Wednesday, April 12, 2017 focused on how state advocates can help stave off the aggressive proponents of Marsy's Law legislation.
Policies and rulings on lengthy imprisonment terms in Kentucky.
Information on the policy and history of recording custodial interrogations in Kentucky.
Attorney-client communications federal caselaw and state-specific anecdotal data in Kentucky
Brief of Amicus curiae of the National Association of Criminal Defense Lawyers, Legal Ethics Professors and Legal Ethics Practitioners In Support of Respondent.
Argument: Advisory Ethics Opinion E-435 does not conflict with controlling federal law. Federal statutes, regulations, and court rules recognize the lawyer conduct ethics rules of this state. Opinion E-435 correctly concludes that waiver of ineffective assistance claims at a guilty plea create a conflict of interest for the defense lawyer that the prosecutor cannot impose on a pleading defendant. Conclusion: “Kentucky Ethics Op. E-435 is a correct statement of the controlling ethical principles and does not conflict with any law. The governing of lawyer conduct is completely within the power of the State, and federal prosecutors are bound by the State’s ethics rules under 28 U.S.C. §530b. This ethics opinion governs the conduct of prosecutors and criminal defense attorneys who practice in the state courts of Kentucky as well in the federal courts in Kentucky. Therefore, the U.S. Attorney’s brief of United States in Support of Motion for Review of Ethics Opinion should be rejected and the ethics opinion as written should be affirmed.”
