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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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First Vice President and former NACDL Ethics Advisory Committee chair John Wesley Hall's testimony on Focus Questions 1-3 and Focus Question 1(4) to the California Commission on the Fair Administration of Justice for their consideration.
We strongly oppose A.1065A/S4555B, which would create a category of sex crimes that are unconstitutionally vague. The proposed law fails to give adequate notice of what conduct is prohibited under the law and would lead to unjust application and arbitrary prosecutions and convictions that can lead to a host of lifelong consequences.
The problem of overcriminalization is multifaceted, with many aspects that pervade our criminal legal system, including the criminalization of conduct that is not harmful to society or others; criminal statutes that lack adequate mens rea, or intent, requirements; ambiguous and vague language in criminal statutes that provide insufficient notice and insufficient limitation on what conduct is criminalized; and the imposition of vicarious liability with insufficient requirement that the charged person was involved in, or even knew about, the underlying conduct.
On behalf of the National Association of Criminal Defense Lawyers (NACDL) we call upon the City of Aurora to rescind its Request for Proposals, R-2384, soliciting firms for bids to replace the city’s current public defense provider. The decision to replace the current public defense system with a flat fee contract will undercut public safety, undermine community confidence, and represents poor fiscal responsibility.
We write to voice our opposition to Senate Bill 8, a bill that would replace the multi-stakeholder Louisiana Public Defender Board with a state public defender selected by the Governor. If enacted, this legislation would significantly undermine the independence of the defense function in Louisiana, further eroding the community’s trust in our legal institutions and negatively impacting public safety, while wholly failing to address the core need of the state’s public defense system – a stable and robust stream of funding to insure the provision of constitutionally effective representation.
The undersigned organizations are deeply concerned about the hugely destructive impact of proposed cuts to the federal indigent defense system. To avert the crisis, we are asking that you ensure that the Defenders Services account is fully funded at the requested amount.
We write to ask that you rescind your support, as members of the Virginia Municipal League, for racial profiling practices by Virginia law enforcement—euphemistically known as “pretextual policing”—and to invite you to an informal presentation on this important criminal justice issue.
The undersigned groups urge you to oppose the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2023 (S. 412), which would create a new federal crime carrying a one-to-five-year prison sentence for sharing intimate photos of a person without that person’s consent. We recognize that this bill is well intentioned, but we are concerned that it will sweep in and criminalize innocent conduct and worsen the trial penalty that many criminal defendants—including many people who are actually innocent—face in our justice system.
We are deeply concerned about the devastating impact of proposed cuts to the federal indigent defense system. … Unless corrected, these cuts could cause the loss of 9-12% of current federal defender staff—even after defenders cut critical programming such as training and IT improvements. Such layoffs would almost certainly decimate the federal defender system, degrade the overall quality of federal indigent defense, and undermine the administration of justice for countless federal defendants. …
We are deeply concerned about the devastating impact of cuts proposed by the House Subcommittee on Financial Services and General Government on the federal indigent defense system. The House subcommittee’s mark is $122 million less than requested and could cause the loss of 9% of current federal defender staff. Such layoffs would almost certainly decimate the federal defender system, degrade the overall quality of federal indigent defense, and undermine the administration of justice.
We urge you to vote “no” on S. 1080, the Cooper Davis Act. The bill purports to address the sale of methamphetamine, fentanyl, and “counterfeit substances” by coopting online services to report the alleged or suspected creation, manufacture, or distribution of these substances … Rather than meaningfully addressing the public health crisis caused by such substances, this bill would … undermin[e] the Fourth Amendment and the Stored Communications Act, likely with disproportionate effects on people of color, LGBTQ+ people, and other marginalized communities.
The 126 undersigned organizations representing a broad, diverse group of stakeholders write today to endorse the Reentry Act. This critical legislation would allow incarcerated individuals to receive medical services supported by Medicaid thirty days prior to the individual’s release.
We, the undersigned organizations, write in opposition to S. 686, the “Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act,” or the “RESTRICT Act.” The RESTRICT Act aims at information and communications (ICTs) technologies like TikTok that are considered a threat to the United States.
The undersigned national, state, and local public health and criminal justice reform organizations write today to urge you to reject and vote NO on the Halt All Lethal Trafficking of Fentanyl (HALT) Act (H.R. 467). This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a 2 flawed class definition, imposes mandatory minimums, and fails to provide an offramp for removing inert or harmless substances from the drug schedule.
We write to express our opposition to efforts to obstruct the District of Columbia’s Revised Criminal Code Act, including any resolution of disapproval or budget rider. The Revised Criminal Code Act of 2022 (RCCA) is the product of 16 years of research, an expert commission, 51 public meetings, extensive public feedback, and robust negotiation. ... We urge you to oppose these attacks on the RCCA and vote against any resolution of disapproval.