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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This Report outlines current legal statutes that criminalize abortion and the impact overturning Roe v. Wade would have on laws to prosecute and incarcerate those providing, receiving, or assisting with abortions. It details the risk that, without protections provided by Roe v. Wade, many states can and will continue to pass laws that further inflame the national crisis of overcriminalization and mass incarceration. [Released August 2021]
The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. [Released July 2018]
The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. [NYSACDL & NACDL] [Released March 2021]
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]
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]
Review Texas pretrial statutes, case law, and practices, and gain new insights and practice points, in order to best advocate for your client. [Released May 2020]
NACDL's work on pretrial advocacy in New Jersey highlighted by the publication of the New Jersey Bail Manual. [Released December 2016]
NACDL's work on pretrial advocacy in Colorado induding the publication of the Colorado Bail Manual. [Released September 2015]
NACDL's work on pretrial advocacy in Harris County, Texas highlighted by the publication of the Harris County Bail Manual. [Released December 2018]
This study of the 114th Congress revisits a 2010 joint report by the Heritage Foundation and NACDL: Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law. This new study found that Congress still regularly introduces bills with new criminal provisions that contain mens rea requirements that are not sufficiently protective. In fact, 42% of the bills analyzed had criminal intent requirements that were considered inadequate. [Released December 2021]
This NACDL Predicative Policing Task Force Report (1) calls attention to the rapid development and deployment of data-driven policing; (2) situates data-driven policing within the racialized historical context of policing and the criminal legal system; (3) makes actionable recommendations that respond to the reality, enormity, and impact of data-driven policing; and (4) suggests strategies for defense lawyers in places where data-driven policing technology is employed.
The S Visa is a special program designed to allow law enforcement to provide legal status to remain in the U.S. to non-citizens cooperating with investigations and prosecutions, in exchange for that cooperation. This report and its recommendations shine the light on the failure of government to properly administer the S Visa Program. Currently, eligible individuals who might provide information and cooperation are discouraged, and their attorneys find themselves unable to assure clients of the government’s ability to timely follow through on the exchange. [Released June 2021]
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]
On December 10, 2020, NACDL released its model “Second Look” sentencing legislation and accompanying report – Second Look = Second Chance: Turning the Tide Through NACDL’s Model “Second Look” Legislation. The NACDL model legislation provides a vehicle that legislatures can use to safely reduce the number of individuals serving excessive, counter-productive sentences: guaranteeing all incarcerated individuals a “Second Look” once they have spent at least a decade in prison. [Released December 2020; Revised Edition Released June 2021]
On May 26, 2016, NACDL co-hosted a free law and policy symposium with the U.S. Chamber of Commerce’s Institute for Legal Reform entitled The Enforcement Maze: Over-Criminalizing American Enterprise. The day-long symposium featured key leaders from industry, academy, law and policy across the political spectrum. [Released August 2018]
