Washington, DC (August 12, 2013) – In a nearly 200-page opinion and order, U.S. District Court Judge Shira A. Scheindlin in the Southern District of New York ruled today in the closely-followed, class action case of Floyd v. City of New York that the City of New York “is liable for violating plaintiffs’ Fourth and Fourteenth amendment rights.” The Court further found that “[t]he City acted with deliberate indifference toward the NYPD’s practice of making unconstitutional stops and conducting unconstitutional frisks” and that “[e]ven if the City had not been deliberately indifferent, the NYPD’s unconstitutional practices were sufficiently widespread as to have the force of law.” As the City “adopted a policy of indirect racial profiling by targeting racially defined groups for stops based on local crime suspect data[,]” the Court found the resulting “disproportionate and discriminatory stopping of blacks and Hispanics in violation of the Equal Protection Clause.” In a separate 39-page opinion and order (also accessible via the link above; it follows the first opinion and order), the Court ordered remedies, “including immediate changes to the NYPD’s policies, a joint-remedial process to consider further reforms, and the appointment of an independent monitor to oversee compliance with the remedies ordered in this case.”
National Association of Criminal Defense Lawyers (NACDL) President Jerry J. Cox said: “Today’s ruling is a vindication not just of the rights of all New Yorkers, but of all Americans. This opinion’s findings illustrate precisely the pervasiveness of racial profiling in America’s criminal justice system examined in great detail in a recently released report co-sponsored by NACDL, Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System, a critically important and inclusive examination of the profound racial and ethnic disparities in America’s criminal justice system, and concrete ways to overcome them.”
NACDL Secretary and Executive Director of the Neighborhood Defender Service of Harlem, Rick Jones said: “If upheld on appeal, not only will today’s ruling put an end to ‘Stop-and-Frisk’ as we know it in New York City, but it will serve as an important warning to other jurisdictions around the nation who engage in or are considering New York City-type ‘Stop-and-Frisk’ practices.”
“This will strike a blow against racial profiling, a practice that is fundamentally inconsistent with equal justice under law,” Jones 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.
Please contact Ivan J. Dominguez, Director of Public Affairs & Communications, (202) 465-7662 or email@example.com for more information.
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.