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 justice system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal justice system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal justice 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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Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.
Argument: Certiorari is warranted because the Third Circuit’s decision prohibits a whole class of crack-cocaine offenders from being eligible for resentencing under the First Step Act while identically situated defendants in other circuits may be resentenced. The Third Circuit’s rule is inconsistent with Congress’s goal of providing relief to low-level drug offenders because it excludes the lowest-level offenders and those with uncertain drug amounts from resentencing while allowing those who possessed greater amounts of crack cocaine to obtain relief. Defendants convicted for possessing lower-quantities of crack cocaine could receive substantial sentence reductions even though they remain eligible for the same sentence. The Third Circuit’s rule frustrates Congress’s goal of providing relief to the disproportionate number of Black Americans incarcerated for crack-cocaine offenses.
FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort-- In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.
The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws. The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison.
The First Step Act revised the federal compassionate release statute, 18 U.S.C. § 3582(c)(1)(A).
The First Step Act makes important changes to several federal drug and gun statutes. The Act reduces mandatory minimum enhancements for some drug defendants and also changes the definition of these enhancements. It also modifies the existing federal safety valve, broadening its application to more drug defendants; changes the “stacking” penalty under 18 U.S.C. § 924(c); and retroactively applies the Fair Sentencing Act of 2010.
Analysis by Amy Baron-Evans, prepared for a January 29, 2019 NACDL webinar on the First Step Act of 2018, S. 756/H.R. 5682.
Powerpoint prepared by Amy Baron-Evans for presentation in a January 29, 2019 NACDL webinar on the First Step Act of 2018, S. 756/H.R. 5682.
S. 756/H.R. 5682, passed December 20, 2018 and signed into law by President Donald Trump on December 21, 2018.
Notes on Sections 401-404 of the First Step Act of 2018, prepared by Amy Baron-Evans for presentation in a January 29, 2019 NACDL webinar on the First Step Act of 2018, S/ 756/H.R. 5682.
Presentation prepared by Peter Goldberger for a webinar on compassionate release based on the First Step Act of 2018
Sentencing expert Amy Baron-Evans discusses the ins and outs of the First Step Act, with emphasis on potentially overlooked aspects of the most significant provisions.
The First Step Act requires the Department of Justice to develop a risk and needs assessment tool to be used by Bureau of Prisons (“BOP”) to assess the recidivism risk of all federal prisoners. Inmates will be classified as minimum, low, medium or high risk, and will be placed in recidivism reduction programs based on identified needs.
The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws. The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison. Here you can find trainings, articles, and practice resources to help you better understand these changes and how to use them to help your clients.
A key pillar of the First Step Act, a bipartisan federal criminal reform bill signed into law in December 2018, was the creation of a risk and needs assessment tool for federal prisoners. In July 2019, the Department of Justice first published this tool, the Prisoner Assessment Tool Targeting Estimated Risk and Needs (“PATTERN”) and began using it to place prisoners in recidivism reduction programming and award certain benefits. This webinar discusses the origins of PATTERN as well as the many questions that remain about its design and implementation, including during the COVID-19 pandemic.
Order granting compassionate release: waiving exhaustion and granting compassionate release due to age, diabetes, hypertension, obesity; “When the Court sentenced Zukerman, the Court did not intend for that sentence to ‘include a great and unforeseen risk of severe illness or death’ brought on by a global pandemic.”
