New BOP regulations already in effect
Washington, DC (November 9, 2001) -- The National Association of Criminal Defense Lawyers has warned its members that a new Bureau of Prisons regulation allows their conversations with clients to be monitored and in some cases monitored without notice to the attorney or client. NACDL is also asking its members and other criminal defense lawyers to contact the NACDL national office if they receive notice or become aware that the government is eavesdropping on their client conversations or reading their client mail.
The new regulation, already in effect on an interim basis, allows monitoring of attorney-client communications if the Attorney General claims to have a "reasonable suspicion" that a particular inmate might use communications with his attorney to further acts of terrorism. The regulation calls for prior notice to attorney and client, but also refers to exceptions in cases of prior court authorization.
"Rules and codes of professional responsibility are very clear: an attorney cannot communicate with a client when confidentiality is not assured," said NACDL President Irwin Schwartz. "And there can be no effective representation without communication. The client is stripped of his Sixth Amendment right to counsel."
Schwartz also pointed out that the U.S. Supreme Court has recognized that the attorney-client privilege is the oldest of the three generally recognized evidentiary privileges, the other two being husband-wife and priest-penitent. "The federal government has no business eavesdropping on these conversations, absent a court order."
NACDL will assist its members in challenging the new regulations through all available legal means.
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.