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.

NACDL applauds the PCLOB for its premiere report on the telephone records program conducted under Section 215 of the PATRIOT Act and the Foreign Intelligence Surveillance Court (FISC). NACDL recognizes that the 702 surveillance program remains subject to more classification authorities than the 215 program, and understands that the PCLOB‘s report on the 702 program may be more limited in its public analysis than the 215 report. However, NACDL encourages the PCLOB, to the maximum extent consistent with national security, to make its report public, with limited redactions.

Comments to the Judicial Conference Advisory Committee on Criminal Rules regarding proposed amendments to Rule 41 of the Federal Rules of Criminal Procedure.

In Part II of the discussion on Race and Collateral Consequences, we explore how the use of “moral character” clauses, like those used in state bar licensing, can prevent individuals with convictions from participating in the legal profession. We also discuss a range of restrictions to entrepreneurial ventures that people with criminal convictions face that range from limiting a person’s ability to access capital through loans to barring participation in the legal, regulated cannabis industry.

The National Association of Criminal Defense Lawyers, a bar association with thousands of criminal defense lawyers who practice in the federal courts across our nation, fully supports elimination of the unwarranted disparity in federal cocaine sentences pursuant to “The Drug Sentencing Reform and Cocaine Kingpin Trafficking Act” [H.R. 4545/S. 1711]. Federal sentences for drug offenses are based on the weight of the controlled substance. For two decades, federal sentencing laws have treated possession of one gram of cocaine base as the equivalent of 100 grams of powder cocaine.

In celebration of Second Chance Month in April, NACDL hosts the first of two discussions on race and collateral consequences. Panelists discuss the long-term impacts of criminal convictions, the specific harm that collateral consequences have caused to communities of color, and what it will take to meaningfully change this system.

An important discussion on the ways in which systemic racism manifests itself in the pretrial process and how we can work towards change.

This conversation examines the ways in which the chattel slavery system of America’s early history manifests itself in the variety of ways in which Black people are literally and symbolically policed today.

This discussion examines the roles of race, power, and engagement in the attorney-client relationship.

Approximately 13 million misdemeanor charges are filed each year in the U.S., representing around 80% of all cases. Law enforcement’s unchecked discretion allows them to use the extensive collection of misdemeanor offenses to stop, search, and arrest individuals—disproportionately Black and Latinx individuals—for behaviors unrelated to public safety. In serving as the justification for these stops, misdemeanors often provide a gateway to police violence, as in the cases of Eric Garner, Philando Castile, Daunte Wright, and George Floyd, each of whom was stopped for a suspected misdemeanor.

Race Matters in our criminal legal system. It affects what happens from initial contact with police on the street and pretrial determinations, to the end of the case and everything in between. Race impacts the length of sentence someone is likely to receive and whether or not they receive the death penalty. This discussion series seeks to highlight how race intersects with various issues in the criminal legal system, navigating these racial disparities, and ways to advocate for change.

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.

Brief of Amici Curiae National Association of Criminal Defense Lawyers; American Civil Liberties Union Foundation; American Civil Liberties Foundations of Delaware, New Jersey, and Pennsylvania, In Support of Defendant-Appellee.

NACDL's Board of Directors resolved to condemn advocacy that dehumanizes individuals, groups, or communities on the basis of race or any other constitutionally-protected classification.

NACDL President Chris Adams' letter to the New York state legislature regarding proposals to truly implement review of excessive sentences, suppression rulings, and streamlining the assignment of counsel in appeals as outlined in A5687/S1280, A5688/S1281, and A5689/S1279, respectively (2021).