"'Overcriminalization' Making Us a Nation of Felons?" Video Report and Article, CBN News, April 1, 2012. CBN's John Jessup reports from Washington with legal commentary from NACDL Board Member Timothy P. O'Toole.
"Convicted of a Crime He Didn't Know He Committed," Video Report, The Wall Street Journal, December 13, 2011. Wall Street Journal's Neil Hickey reports from Washington with legal commentary from NACDL Board Member Timothy P. O'Toole.
Personal Stories of Overcriminalization
John Yates - Video: The Fishy Case Before the U.S. Supreme Court, Case Summary - In His Own Words, Background, U.S. Supreme Court Opinion Reversing Conviction, SCOTUSblog Analysis of Opinion, U.S. Supreme Court Oral Argument Analysis, NACDL amicus briefs (on writ of certiorari and supporting Yates), USA Today article
Jack and Jill Baron - Video: In Their Own Words – No Home for Justice
Carol Anne Bond - Case Summary, U.S. Supreme Court Oral Argument Recap, U.S. Supreme Court Opinion Reversing Conviction, Cato Institute's Opinion Analysis, Manhattan Institute's Opinion Analysis, New York Times Article
Bradford Councilman – Video: In His Own Words – System Error
Mark and Amy Denicore - Video: In Their Own Words – Summoned by the Bell
Lawrence Lewis - Video: In His Own Words – Flushed Away
Abner Schoenwetter - Case Summary
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Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
Press & Commentary on the Destruction Caused by Overcriminalization
"Prosecutorial Over-Criminalization: Fishing for Guilty Pleas," The National Law Review, December 2, 2014.
"Manhattan Moment: Overcriminalization is also a problem in the states," by James R. Copland and Isaac Gorodetski, The Washington Examiner, October 31, 2014.
"Overcriminalization Comes To National Parks As People Who Fly Toys Face Six Months In Jail," by Gregory S. McNeal, Forbes, August 31, 2014.
"Chemical Weapons Treaty Does Not Apply to Petty Crime, Justices Rule," by Adam Liptak, The New York Times, June 2, 2014. [Full Opinion]
"Justices to Weigh Finance Law as It Was Applied to Little Fish," Adam Liptak, The New York Times, April 28, 2014.
"MALCOLM/REIMER: Over-criminalization undermines respect for legal system," by John G. Malcolm and Norman L. Reimer, The Washington Times, December 11, 2013.
"Over-criminalization and the Tragic Case of Aaron Swartz," by Ammon Simon, National Review, January 15, 2013.
"Ex-Glaxo VP on 'The Criminalization of the Practice of Law'," by Jennifer Smith, The Wall Street Journal, October 1, 2012.
"The Overcriminalization of America: Are We All Criminals Now?," by John W. Whitehead, Huffington Post, August 6, 2012.
"When Everyone Is an Offender," The Atlantic, September 28, 2011.
"As Federal Crime List Grows, Threshold of Guilt Declines," The Wall Street Journal, September 27, 2011.
"As Criminal Laws Proliferate, More Are Ensnared," The Wall Street Journal, September 27, 2011.
"Overcriminalization on Appeal - Notable concurrence from Chief Kozinski as 9th Circuit Reverses White Collar Conviction," Sentencing Law & Policy Blog, December 10, 2010. [Full Opinion]
"Rough Justice in America - Too many laws, too many prisoners," The Economist, July 22, 2010.
"Editor's Highlights: America locks up too many people, some for acts that should not even be criminal," The Economist, July 22, 2010.
For additional coverage and materials on the problem of overcriminalization generally, visit the Overcriminalization Advocacy and Scholarship webpage.