Brief of Amici Curiae Electronic Privacy Information Center, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers in support of Defendant-Appellant.

Argument: In this case of first impression, appellant argues that information about the technology and procedures underlying a facial recognition search must be disclosed to the defendant to cure the risk of misidentification and in accordance with Brady v. Maryland, even if the result of the search was used only investigatively, subject to later corroboration, and not admitted into evidence. The amicus brief explains the numerous opportunities for error present in the facial recognition process, and how error in that process determines the course of the investigation and results in racially disparate and otherwise wrongful arrests. NACDL’s Fourth Amendment Center has been working to better understand how defendants’ due process rights are impacted by the growing use of facial recognition technology and to equip defense attorneys with the knowledge and tools to combat resulting Brady violations. 

2012

Eliminating Racial and Ethnic Disparities in the Criminal Justice System

This is a critically important and inclusive examination of the profound racial and ethnic disparities in America's criminal justice system, and concrete ways to overcome them. This conference report prepared by Consultant Tanya E. Coke is based upon a multi-day, open and frank discussion among a distinguished group of criminal justice experts – prosecutors, judges, defense attorneys, scholars, community leaders, and formerly incarcerated advocates. [Released July 2013]

Race matters in our criminal legal system. It affects how likely you are to be pulled over by police, how likely you are to be released or detained pretrial, how likely the state is to seek the death penalty, and how severely you are sentenced.

NACDL has been committed to examining race as an issue within the criminal justice context.

In response to a series of high-profile police killings of unarmed people of color, law enforcement agencies across the country began adopting body cameras as a solution to requests for more transparency and accountability. In order to study the impact of body cameras on the rights of the accused, the National Association of Criminal Defense Lawyers established a Body Camera Task Force comprised of defense attorneys from across the country. [Released March 2017]

The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases. [Released June 2016]

NACDL frequently writes to members of Congress, the Department of Justice, and the president on fourth amendment issues. These letters have been collected and are available for download by clicking on the titles below.

In 2007, NACDL established a Problem-Solving Courts Task Force to examine the operations of courts such as drug and mental health courts. The Task Force was charged with conducting a thorough analysis of these courts, specifically focusing upon the ethical implications for the defense bar and the constitutional implications for society at large. The culmination of this project is a comprehensive report and recommendations that for the first time provide the perspective of the nation’s criminal defense bar. [Released September 2009]

Nation's Criminal Defense Bar Responds to Racism, Bigotry, and Violence in Charlottesville, VA -- Washington, DC (Aug. 14, 2017) – The National Association of Criminal Defense Lawyers (NACDL) is profoundly disturbed by recent events in Charlottesville, VA. While NACDL respects the First Amendment rights of all people peaceably to assemble and express their views, even unpopular ones, NACDL deplores violence, racism, and bigotry.

Courts have long made it clear that agents can search the bags of people entering the country. For the past decade or so, U.S. Customs and Border Protection (CBP) has applied that logic to digital devices. NACDL members are uniquely exposed to abuse in this context: digita

This inaugural Presidential Summit was designed to help practitioners identify and confront issues of racial bias in our courts, the law enforcement community, by prosecutors, and yes, even the defense team. Attendees heard from trial lawyers, academics, and formerly incarcerated individuals who offered their personal perspectives, strategies, and ideas on why Race Matters. This program was created to intentionally challenge you to push the envelope on your understanding of and willingness to attack racial bias in the criminal justice system.

NACDL President Jim Lavine's written statement to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines, particularly in relation to the Fair Sentencing Act of 2010 (S. 1789).

Death Penalty Condemned at U.N. - Washington, DC (April 7, 1998) -- "Capital punishment in the United States is a direct descendant of lynching and other forms of racial violence," a representative of the National Association of Criminal Defense Lawyers (NACDL) told the United Nations Commission on Human Rights in Geneva, Switzerland last week.

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.