Washington, DC (February 21, 2007) -- The National Association of Criminal Defense Lawyers is extremely disappointed in the decision in which a divided panel on the D.C. Circuit Court of Appeals ruled that none of the prisoners at Guantanamo Naval Base have any right to challenge their indefinite imprisonment in federal court. The court ruled, in effect, that the United States can imprison people virtually forever without judicial review. These prisoners were captured by the United States, are confined in prisons built by the United States, are guarded by members of the United States Armed Forces, are subjected to interrogation by the United States intelligence services, and may be imprisoned for the rest of their lives, yet they cannot even petition a court for a writ of habeas corpus for determination whether their imprisonment was the result of a mistake.
Dissenting, Judge Judith W. Rogers reminded the majority that the United States Supreme Court has already stated that “[a]pplication of the habeas statute to persons detained at the [Guantanamo] base is consistent with the historical reach of the writ of habeas corpus." She further wrote that the D.C. court "offers no compelling analysis to compel the contrary conclusion.” The Constitution’s Suspension Clause, she said, acts as a limitation on the powers of Congress.
“The United States Supreme Court has twice ruled that the writ of habeas corpus extends to the prisoners at Guantanamo Navy Base, yet the lower courts and the Congress refuse to get this message,” said NACDL President Martin S. Pinales. “We hope the case proceeds quickly to the Supreme Court and that the court again will vindicate the historic and fundamental right to habeas corpus and uphold the right of the imprisoned to seek redress in court. Anything less is unthinkable in a democratic society that prides itself on upholding the rule of law and fidelity to the traditional values on which its legal system is based.”
NACDL also urges Congress quickly to rectify the problem it created last year in the Military Commission Act, which, by denying the Guantanamo detainees and others access to the courts, has regrettably returned us to the dark era predating not only the Geneva Conventions, but the Magna Carta.
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.
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.