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 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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Co-Sponsored by Georgetown University Law Center’s American Criminal Law Review
The landscape of sentencing policy has shifted in recent years, with federal and state lawmakers advocating fewer draconian penalties and beginning to scale back certain sentences. It is clear that the United States stands at a critical juncture for sentencing reform. This symposium is designed to equip practitioners and policy advocates with the latest strategies and research to seize the moment and foster more rational and humane policies.
Medications used to treat Parkinson’s disease can lead to patients experiencing intense urges to gamble, increased sexual urges, and strong desires to spend money. This means Parkinson’s patients can find themselves committing crimes when they begin to suffer from a medically induced impulse control disorder. The authors provide a primer on how defense attorneys can improve their representation of these vulnerable clients.
The authors provide attorneys with guidance when selecting and consulting forensic mental health experts.
The protections afforded by Miranda are meaningless if no one identifies when a defendant may have been incapable of rendering a voluntary and intelligent waiver of rights. The “professional neglect hypothesis” addresses situations in which attorneys and forensic practitioners fail to screen for Miranda issues. The authors specify cognitive impairment as one of the most prominent domains for potential Miranda-related impairment.
In 2007, NACDL established a Problem-Solving Courts Task Force to examine the operations of courts such as drug and mental health courts. The Task Force was charged with conducting a thorough analysis of these courts, specifically focusing upon the ethical implications for the defense bar and the constitutional implications for society at large. The culmination of this project is a comprehensive report and recommendations that for the first time provide the perspective of the nation’s criminal defense bar. [Released September 2009]
Panel from the 2020 Presidential Summit and Sentencing Symposium, co-hosted with the Georgetown University Law Center American Criminal Law Review
Criminal Mitigation Strategies for Borderline Personality Disorder with Mark Silver. Materials attached.
Researchers have expressed enthusiasm for the study of the “biology” of crime and the related development of “neuroprediction,” one aspect of which is the attempt to use brain imaging techniques to corroborate a risk of violence assessment. While lawyers are not yet likely to encounter neuroscience evidence when they litigate the admissibility of a prediction of future violence, they should track developments in this area.
Any time the defense team presents evidence of a client’s mental illness, it does so to explain why the client did something unthinkable. Attorney and trial consultant Denise de La Rue discusses how defense lawyers can find jurors who are willing to listen and will not say “bullsh*t” when counsel uses the terms “mental illness” and “developmental disability.” She provides a juror questionnaire for cases involving mental health issues.
The first installment of NACDL Engage & Exchange, Autism Spectrum Disorder (Including "Asperger's Syndrome") and Child Pornography Cases: What You Need to Know. Featuring Mark Satawa of Satawa Law, PLLC, and Mark Mahoney of Harrington and Mahoney.
Dr. Cheryl Paradis and lawyer Susan J. Walsh, of Vladeck Raskin & Clark, PC, join us for Helping Clients Manage the Psychological Impact of Incarceration and Detention During the COVID-19 Pandemic: Strategies for Defense Attorneys and Mental Health Clinicians.
Presented by Dr. Ifetayo Ojelade, PhD, licensed psychologist and expert on trauma recovery, Atlanta, GA
Race Matters II: The Impact of Race on Criminal Justice January 10-11, 2019 | Los Angeles, CA
NACDL's statement to the Presidential Commission on Law Enforcement and the Administration of Justice regarding the need for more accountability and transparency in policing to effect meaningful, much-needed reforms.
Presented by: Ariel Simms, Criminal Justice Attorney Fellow, National Center on Criminal Justice and Disability (NCCJD), The Arc
How does a defense lawyer proceed when a defendant has been found incompetent to stand trial and refuses medication? Should defense counsel defend the client’s refusal in all cases (notwithstanding the client’s possible incapacity to make treatment decisions)? Or should counsel second-guess the refusal? No perfect options exist. Professor Fredrick Vars examines a relatively recent case that illuminates an underappreciated option.
