Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
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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Overcriminalization is a dangerous trend that should alarm everyone. With over 4,450 crimes scattered throughout the federal code, and hundreds of thousands more hidden in federal regulations, “doing the right thing” just isn’t enough to keep you on the right side of the law. Every day people can become overcriminalization victims in a heartbeat and the consequences can be devastating. Watch this video to learn more about the problem of overcriminalization and the path for reform.
This webinar provides a medical primer about the current state of medicine with regard to HIV research and treatment. This primer is be coupled with a discussion on how to use medical research to develop defenses, present the court with mitigation, negotiate favorable pleas for clients, and litigate constitutional, evidentiary, and discovery issues. There is also a section exploring the ethical issues that attorneys must grapple with when handling these cases.
Hear from members of NACDL’s Women in Criminal Defense Committee as they highlight the report’s key findings and the impact of these laws on our criminal legal system.
20th Annual State Criminal Justice Network Conference August 18-20, 2021 | Held Virtually
This panel examines the continued criminalization of HIV and other health status, the undermining of the central principle that criminal intent be required for criminal liability, and efforts to reform these discriminatory laws.
This webinar discusses NACDL’s report on the criminalization of abortion, featuring the report's co-authors.
U.S. v. Peter E. Clay, Todd S. Farha, Paul L. Behrens, and William L. Kale No. 8:11-cr-00115-JSM-MAP (M.D. Fla.) on the affairs of WellCare Health Plans, Inc.
Overcriminalization is a dangerous trend that NACDL battles daily. The case of Todd Farha and other executives at WellCare Health Plans, Inc., offer a case study in overcriminalization and unchecked prosecutorial discretion. Below, you will find links to important primary and secondary materials concerning this case.
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.
Amicus Brief on behalf of the National Association of Criminal Defense Lawyers for Defendant-Appellant Seth Fishman
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.
The “Freedom from Over-criminalization and Unjust Seizures Act of 2012” (FOCUS Act) seeks to reform the Lacey Act by substituting the Lacey Act’s criminal penalties with civil penalties and removing the Act’s reliance on foreign laws as the basis for determining violations. S. 2062, introduced in February 2012 by Sen. Rand Paul (R-KY), and H.R. 4171, introduced by Rep. Paul C. Broun (R-GA) in March 2012, are identical companion bills.
Dobbs, et al. v. Jackson Women's Health Organization, et al. 19-1392
On Jan. 6, 2015, the House of Representatives adopted a rule that requires the House Judiciary Committee to be afforded an opportunity to review any bill containing new criminalization.
Powerpoint slides by Wendy Bach and Purvaja Kavattur. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023
Brief of amici curiae of National Advocates for Pregnant Women, et al. supporting respondent Jackson Women's Health Organization, et al.
Powerpoint slides by Emma Roth. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023