Washington, DC (Sept. 21, 2015) – In partnership with the Office of the Colorado State Public Defender and the Colorado Criminal Defense Institute, and with grant support from the Bureau of Justice Assistance, the National Association of Criminal Defense Lawyers (NACDL) has published the Colorado Bail Book: A Defense Attorney's Guide to Adult Pretrial Release and made it available today to Colorado defenders at their annual conference.
As recently as 2011, some 60-plus percent of inmates in local jails nationwide were awaiting trial, and accordingly were presumed innocent. Of course, people in pretrial detention often lose their employment, businesses, and housing; suffer education disruptions; and experience serious damage to family relationships. Obtaining pretrial release, therefore, is an essential part of the promise of Gideon that defense lawyers are committed to provide.
Colorado recently overhauled its pretrial release statutes, embracing the use of risk assessments and setting a clear presumption that individuals who have not yet been convicted of the crime for which they are accused should be free pending trial. This manual is designed to give Colorado practitioners the guidance needed to achieve pretrial release for clients. It builds on the work done in Kentucky by its Department of Public Advocacy in developing a pretrial release manual for use there.
As NACDL President E.G. "Gerry" Morris explained, "In the 1987 decision in Salerno v. United States, the U.S. Supreme Court observed that ‘[i]n our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.' Despite this core principle, though, it is abundantly clear that the exception has swallowed the rule. Accordingly, together with its ongoing advocacy for reform in the areas of pretrial detention and the use of financial bond, NACDL is committed to providing the criminal defense bar with the tools it needs, like this manual, to vigorously and effectively advocate for clients' pretrial release."
NACDL's Director of Indigent Defense Training and Reform Colette Tvedt noted that "this project reflects NACDL's commitment to fostering the expertise of the criminal defense profession, and fulfills the Association's well-established policy emphasizing pretrial release and the limited use of financial bond, which disproportionately impacts poor and working class individuals and effectively coerces even innocent defendants into pleading guilty in exchange for a sentence of ‘time served.'"
The Colorado Bail Book is available for download here. Similar manuals for two more jurisdictions are forthcoming in 2016.
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.
Ivan J. Dominguez, NACDL 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.