Brief of Amici Curiae National Association of Criminal Defense Lawyers, New York State Defenders Association, Immigrant Defense Project, Regional Immigration Assistance Center 1–Western NY, Regional Immigration Assistance Center 2–Central NY, Regional Immigration Assistance Center 3–Northern NY, Regional Immigration Assistance Center 4–Hudson Valley, Regional Immigration Assistance Center 5–Nyc, New York County Defender Services, the Legal Aid Society, and Brooklyn Defender Services in Support of Defendant-Appellant Marco Martinez and in Support of Reversing the Decision of the County Court

New York State has been moving towards making access to abortions easier. In 2019, through the Reproductive Health Act (2019), the legislature removed all penalties from the New York State Penal Codes for abortion, and made access to abortion a fundamental right. See Reproductive Health Act (Below).

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.

22^nd Annual State Criminal Justice Network Conference
August 16-17, 2023 | Held Virtually

Despite assurances that, “[I]n our society, liberty is the norm, and detention prior to trial…the carefully limited exception,” over 75 percent of those detained in local jails have not been convicted of a crime.

20^th Annual State Criminal Justice Network Conference
August 18-20, 2021 | Held Virtually

This session will focus on “Second Look Sentencing” reforms that seek to provide individuals with the opportunity for resentencing or a sentence reduction after they have served a certain amount of time in prison.

20^th Annual State Criminal Justice Network Conference
August 18-20, 2021 | Held Virtually

This panel highlights policing reforms adopted over the last year and what still needs to be done.

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually
Policing in America: Policing the Police

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually
Parole and Probation Reform

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually
First Steps for State Sentencing Reform

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually
Lessons Learned: Combatting Misinformation Around Bail Reform- Case Study on the New York Bail Reform Pushback

Public defense issues and developments in New York.

The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. [NYSACDL & NACDL] [Released March 2021]

NACDL issued a groundbreaking new report on restoring and reforming the grand jury system. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado – and produces with four reform recommendations. [Released November 2011]

New York’s Clean Slate Act will help address the systemic barriers to jobs, housing and education posed by old conviction records. Under the current system, people who have successfully served their time are subjected to perpetual punishment long after their sentence is served. Doors that were once open – to jobs, a place to live, an education – can remain closed for a lifetime, and this impact reverberates across children, families, and whole communities, disproportionately impacting Black and brown New Yorkers and deepening already-existing inequalities in civic life.

NACDL advocated for reentry reforms and investment in reentry services.