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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’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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NACDL is working with the Association of Criminal Defense Lawyers of New Jersey (ADCL-NJ) to repeal mandatory minimums in New Jersey.
New Jersey’s and Nation’s Criminal Defense Bar Call on Gov. Murphy to Sign S3456, Repealing Mandatory Minimums for Certain Offenses -- Washington, DC (March 11, 2021) – National Association of Criminal Defense Lawyers (NACDL) President Christopher W. Adams and the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ) President Linda D. Foster released the following statement on NJ bill (S3456) to repeal mandatory minimums for certain crimes, which is currently awaiting Governor Murphy’s signature.
New Jersey’s and Nation’s Criminal Defense Bar Statement on Gov. Murphy’s Veto of Legislation Repealing Mandatory Minimums for Certain Offenses – Washington, DC (April 20, 2021) – The National Association of Criminal Defense Lawyers (NACDL) President Christopher W. Adams and the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ) President Aidan P. O’Connor released the following statement after Governor Murphy conditionally vetoed bill S3456 to repeal mandatory minimums for certain crimes.
NACDL President Cynthia Hujar Orr’s written statement to the U.S. Sentencing Commission regarding mandatory minimum sentencing in federal law and the value of case-specific discretion.
Coalition letter to Congressional leadership regarding the penalties imposed on Internet Service Providers for the actions of its users, as proposed in Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (H.R. 1865) and Stop Enabling Sex Traffickers Act of 2017 (S. 1693).
Letter with FAMM to the House Judiciary Committee regarding proposed immigration reform that strips the mens rea (intent) requirement for some offenses, triggering mandatory minimum sentences, as addressed in the Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act (H.R. 2431, 2017).
Coalition letter to leadership of the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding possible changes to the current and harsh mandatory minimum sentencing for federal drug convictions.
Brief Of The Cato Institute, FAMM Foundation, and National Association Of Criminal Defense Lawyers as Amici Curiae Supporting Petitioner (in support of petition for writ of certiorari).
Argument: The independence of citizen juries is a well-established and crucial feature of our legal and constitutional history. The District Court’s openness to permitting evidence and argument as to the consequences of a conviction is a reasonable exercise of the court’s discretion not subject to control by mandamus. The District Court’s provisional decisions thoughtfully harmonize different threads of modern case law, respecting the jury’s traditional authority to issue conscientious acquittals while still operating within the strictures of precedent. Permitting a jury to hear evidence about the consequences of conviction is especially reasonable in a case with a severe and surprising mandatory minimum. Protecting jury independence is all the more important given the vanishingly small role that jury trials play in our criminal justice system.
Report of the Sex Offender Policy Task Force reflecting NACDL's policy on sex offender registries and other practices as adopted by the Board of Directors.
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendants-Appellants.
Argument: The presumption of mens rea is deeply rooted and has historically applied beyond merely distinguishing culpable from innocent conduct. The mens rea requirement arose to ensure punishment was fair and proportional. The mens rea requirement applies to offenders guilty of otherwise culpable conduct. The presumption of mens rea contains only a narrow exception for public-welfare offenses. The presumption of mens rea should apply to drug quantity and type under 21 U.S.C. § 841.
These briefs on a series of questions, including whether the government is required to prove knowledge of drug type and quantity to trigger mandatory minimum and increased maximum sentences in drug cases were filed in the 9th Circuit by the federal defender and sentencing resource counsel in LA.
Mandatory minimum sentences require judges to impose inappropriately harsh sentences that waste tax dollars and overcrowd prisons with low-level, nonviolent offenders.
Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.
Letter to the U.S. Sentencing Commission regarding proposed 1997 Amendments.
