Cases also have implications for proposed Guantanamo administrative review procedures
Washington, DC (June 28, 2004) – In light of today’s Supreme Court decisions in Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla, the National Association of Criminal Defense Lawyers will redouble its efforts to obtain counsel and access to federal courts for civilian detainees at Guantanamo Bay Naval Base, Cuba, and U.S. Naval Brig, Charleston, S.C. NACDL will also continue to provide amicus curiae support for detainees seeking petitions for their release under the federal habeas corpus statutes.
“The ancient right to be held only under the rule of law and to petition the court for a writ of habeas corpus was already part of our common law heritage at the time of our independence. The Founders considered it so fundamental as to specifically write it into our Constitution,” NACDL President E.E. (Bo) Edwards said. “As critical as detention may be for those who pose an immediate threat to national security during a conflict, history and common sense teach us that an unchecked system of detention carries the potential to become a means of oppression and abuse of those who present no threat at all.
“For over two years, the Bush Administration have tried to have it their way, not the Constitutional way. These decisions are a stern rebuke. The Executive Branch may not be the sole arbiter of who is detained and for how long. Detainees must have access to counsel and the courts,” Edwards said.
President-Elect Barry Scheck, who met with Navy Secretary Gordon England June 23 to discuss the draft procedures for review of individual detainees, predicted that the Defense Department will go back to the drawing board. “The Secretary of the Navy’s administrative review procedures are dead in the water. The secretary can no longer be the final judge of who deserves repatriation and who must remain imprisoned year after year. Since the Court recognized today that all military detainees in U.S. territories, citizen and non-citizen alike, have the right to counsel, the Navy’s draft administrative review procedures, which do not allow legal counsel or outside review, are directly at odds with today’s decisions and must be completely revised to comply with the Court’s orders. Whatever the final procedures, any adverse determinations will be subject to review in a court of competent jurisdiction.”
“Another major effect of today’s decisions will be to bring instances of abusive interrogation to light in a credible, neutral forum. The Court also reaffirmed the right of citizens and aliens alike to be free from abuse, even when lawfully detained. Prisoners and former prisoners will now begin to have some recourse for injuries sustained during detention and interrogations,” Scheck added.
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.