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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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The NACDL Board supports legislative efforts to reform existing federal restitution law to ensure fairness and accuracy; prevent restitution obligations from being overly burdensome; and to make it easier for restitution orders to be satisfied.
NACDL submits this comment in response the Bureau of Prisons’ Proposed rule that would significantly change the regulations regarding the Inmate Financial Responsibility Program. We oppose these proposed changes, which are harsh and inequitable and will harm not only people who are incarcerated, but their families and dependents.
Cases that end in conviction are often accompanied by an order of restitution. A restitution order can be a burden on a person for years even after a prison sentence has been served and a term of probation has been completed. Practitioners should pay attention to several key issues in order to zealously advocate for their clients – even after conviction and sentencing.
Does a common feature of restitution orders – joint and several liability – violate the Excessive Fines Clause? There is “no general federal right to contribution” between co-defendants under restitution orders. This seemingly creates an Eighth Amendment problem in that a defendant can be held jointly liable for a co-defendant’s restitution yet has no right to collect contribution from the co-defendant.
Brief for National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners.
NACDL board member and former Forfeiture Abuse Task Force co-chair David B. Smith's written testimony to the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to federal restitution laws that would allow pretrial restraint of assets to assist in paying potential future restitution.
Amicus curiae brief of the National Association of Criminal Defense Lawyers.
Motion for Leave to file amicus brief filed by the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on petition for a writ of certiorari)
