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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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The goal of trying to put an end to child sex offenses is one on which everyone can agree. The best way to meet that goal, however, is debatable. Individuals that children know are responsible for 90% of sex crimes against them. Alix Deschamp discusses the origins of the Sex Offender Registration and Notification Act and shows how the original legislation developed into not only a law enforcement tool but also a punitive measure.
Cases alleging child sex abuse often hinge on the forensic interview of the alleged victim, and thus the forensic interview should be the first place defense counsel looks. In this article, a forensic psychologist and a criminal defense lawyer discuss the forensic interview and how failure to follow best practices may encourage false allegations and elicit misinformation.
NACDL recognizes that sex offenses cause great pain and suffering to victims and their families. However, society’s outrage and condemnation should not impair the need to make criminal justice policy decisions based upon facts, sound scientific research, and evidence.
NACDL opposes sex offender registration and community notification laws but also believes that if such laws are enacted they should classify offenders with full due process of law. Determination of offender risk must also allow for reasonable opportunities to seek relief from registration.
Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.
Comments to the U.S. Sentencing Commission on the Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003.
Comments to the Department of Justice regarding implementation of provisions of the Adam Walsh Act to affect individuals with past sexual offense convictions.
Comments to the Department of Justice Office of Justice Programs SMART Office regarding sex offender registration and community notification.
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).
The NACDL Task Force on Risk Assessment Tools commissioned Dr. Melissa Hamilton to produce a comprehensive analysis of how risk assessment tools are developed and applied. This report is a significant contribution to the body of scholarship and resources concerning risk assessment tools. It is an in-depth and accessible resource for practitioners, policymakers, advocates, and indeed all system actors in the nation’s criminal legal apparatus. It is designed to provide the information and guidance necessary to properly assess various risk assessment tools. [Released November 2020]
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.
At its upcoming meeting on August 12 – 13, 2019, The American Bar Association House of Delegates will consider a resolution concerning the definition of consent in sexual assault cases. NACDL opposes the proposed resolution. The resolution and report appear below, as does the NACDL position and a counter proposal, a letter from members of the American Law Institute, whose consideration of this matter is referenced in the ABA report, and a letter in support of the proposed resolution.
The first installment of NACDL Engage & Exchange, Autism Spectrum Disorder (Including "Asperger's Syndrome") and Child Pornography Cases: What You Need to Know. Featuring Mark Satawa of Satawa Law, PLLC, and Mark Mahoney of Harrington and Mahoney.
The next installment of NACDL's Engage & Exchange Video Discussion Series–Digital Forensics in Child Exploitation Cases, covering child pornography cases and how experts can help you win your case. The webinar featured Forensic Computer Experts Larry Daniel, Lars Daniel, and Jake Green from Envista Forensics.
Sex offenses, like child abuse, have a significant and lasting impact on all parties involved: the accused, the alleged victims, families, and communities. These cases are emotional and complex, and can be very intimidating. These resources are meant to make this area less scary and more manageable.