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Discovery Reform
Discovery rules that leave defendants in the dark about the evidence against them undermine fairness and due process and increase the risk of wrongful convictions. Criminal discovery can be divided into two categories: (1) disclosure of so-called “exculpatory evidence” that is constitutionally required under the Supreme Court’s 1963 Brady opinion and (2) disclosure that is required by statute or court rule. There is great variation among jurisdictions regarding the amount of discovery required by statute/rule and even the Brady decision.
The federal system and most states allow prosecutors to withhold evidence needed by the defense. To encourage reforms, NACDL has adopted two model bills: one prescribing open-file discovery and another clarifying the Brady rule by requiring the disclosure of all favorable evidence.
NACDL MODEL LEGISLATION
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NACDL Model Order Pursuant to the Due Process Protections Act of 2020 (January 2021)
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NACDL Model Open Discovery Bill (May 2014)
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Fairness in Disclosure of Evidence Act (Introduced in the U.S. Senate in March 2012)
More on Prosecutorial Accountability
LEGISLATION & POLICY
- State Legislative Victories
- Federal Reform Legislation
- NACDL Comments to the Judicial Conference Advisory Committee on Criminal Rules on proposed amendments to pretrial expert disclosure (February 2021)
- Reform Proposals
- Brady-Giglio Guide for Prosecutors, American College of Trial Lawyers Federal Criminal Procedure Committee (2021)
- Pending State Legislation
- Priority Federal Legislation
- Department of Justice Policies
RESOURCES
- Reports & Research
- The Champion® Brady Issue
- Federal Criminal Discovery Blue Book lawsuit
- Interview with Senator Stevens' Counsel
- NACDL's "America Needs Sensible Discovery Reform" Webcast
Featured Products
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Exposing Lies and False Testimony in Criminal Trials
When a case hinges on credibility, the lawyer who can expose a lie controls the outcome. This program delivers a courtroom-ready system to detect deception, dismantle false testimony, and turn credibility attacks into acquittals or favorable pleas. Learn research-backed methods to spot dishonesty in interviews, build an impeachment toolkit under the rules of evidence, and craft narratives that reveal bias, motive, and contradictions—arming you to challenge police, experts, informants, and eyewitnesses with precision.
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Pozner's Little Red Book: Lessons in Advanced Cross-Examination
This compact handbook brings together over 20 of Larry Pozner’s most powerful cross-examination articles, covering core principles and advanced strategies for witness control, impeachment, chaptering, and framing reasonable doubt. Packed with scripting examples, real-world scenarios, and tactical insight, it shows how to press or pivot with purpose, drop weak points, and keep cross disciplined. Whether dismantling an officer’s account, challenging an eyewitness, or exposing investigative gaps, Pozner’s field manual delivers courtroom-ready tools to win.
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Objections That Stick! How to Exclude, Preserve, and Persuade
If you’re not objecting, you might be conceding—learn how to stop giving ground.
This program delivers practical strategies for making effective objections in criminal trials, especially drug cases. Learn how to challenge hearsay, 404(b) evidence, improper opinions, and prejudicial testimony. You’ll get objection language, methods for preserving error, and tactics for handling misconduct in closing arguments. With real-world examples and trial-tested tools, this program helps defense attorneys sharpen courtroom advocacy and protect the record for appeal.
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Combating the "Rape Myth" Expert: Excluding & Diffusing Expert Testimony
When the prosecution uses a “rape myth” expert to sway the jury, do you know how to stop them—and turn their science against them?
This program, based on a real trial, gives defense attorneys a practical roadmap to challenge and exclude biased psychological testimony. You’ll get sample voir dire, motion language, Daubert strategies, and tips for exposing flawed methodology and narrowing testimony. Whether you're aiming to exclude the expert or limit their impact, this session equips you with the tools to protect your client and assert control in the courtroom.
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Pattern Cross-Examination for Digital Forensic Experts
This guide provides ready-to-use cross-examination questions, categorized by artifact type and case theme—from cell phone towers to deleted texts to smart devices and cloud forensics. Whether you’re handling a case involving child exploitation, stalking, or online fraud, this book delivers practical patterns designed to highlight sloppy forensics, bias, tool limitations, and assumptions of intent or identity. Defense attorneys don’t need a computer science degree—they need strategy, control, and the right questions to challenge the illusion of digital certainty in court.
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Using Chat GPT in Criminal Cases - Writing Better Prompts
Want a motion written in plain language but grounded in Tennessee case law? Need a summary of Fourth Amendment jurisprudence with primary and secondary citations? This is where you learn how to get that—on demand, and with far less editing. This training is designed specifically for attorneys—busy professionals who need fast, accurate, and case-relevant AI support. Whether you’re drafting motions, brainstorming legal strategy, summarizing complex case law, or preparing cross-examinations, the quality of your AI output comes down to one thing: how you ask for it.
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Alcohol, Blackouts and Consent in Sex Cases
This comprehensive training program provides defense attorneys with a rigorous, science-backed approach to dismantling prosecutorial narratives, exposing unreliable testimony, and ensuring that juries are properly educated on the complexities of memory, intoxication, and consent. You'll explores critical mistakes and misconceptions encountered in these cases, including errors in memory reconstruction after an event, incorrect inferences, cognitive schemas, suggestibility, contamination and misinformation, mistakes of fact and more.
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Overcoming the Presumption of Guilt and Defining Reasonable Doubt
Reasonable Doubt, what is it?
In order to win criminal cases, the defense practitioner must object to a reasonable doubt standard that lowers the burden of guilt. This program will discuss proven methods to argue and define reasonable doubt persuasively to a jury. You’ll learn how define reasonable doubt using metaphors and hypothetical scenarios that force juries to dispute the evidence, conflicts in the evidence, or even lack of evidence in your case.
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The DIY of DNA: Exoneration Through DNA Evidence
This presentation might be the first time you’re truly able to truly grasp the fundamentals of DNA evidence. This critical presentation blends real-world storytelling with clear, practical instruction—making DNA evidence finally feel accessible, even to non-scientists—while inspiring attorneys to dig deeper, ask smarter questions, and approach forensic science with newfound confidence. You’ll learn how to identify and interpret electropherograms, understand autosomal vs. Y-STR testing, and recognize the limits of DNA evidence—particularly when it involves partial or mixed samples.
Champion Articles
News Releases
- News Release ~ 04/01/2019
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News Release ~ 09/06/2018
Supreme Court of Virginia Overhauls Criminal Discovery Rules; Major Victory for Broad, Bipartisan Coalition of Criminal Justice Reformers – Washington, DC (Sept. 6, 2018) – Late yesterday, Sept. 5, 2018, the Supreme Court of Virginia issued amended criminal discovery rules set to take effect July 1, 2019, marking the first such overhaul in decades. Specifically, the Court issued amended Rules 3A:11 (Discovery and Inspection) and 3A:12 (Subpoena) of the Rules of the Supreme Court of Virginia.
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News Release ~ 01/17/2018
Department of Justice Successfully Blocks Public Access to Its Federal Criminal Discovery Blue Book – Washington, D.C. (Jan. 17, 2018) – Earlier today, the Department of Justice (DOJ) filed notice of its decision not to appeal the release of an extremely limited portion of its Federal Criminal Discovery Blue Book. The portion of the Blue Book that the Court found was not work product was a tiny fraction – what amounts to not much more than a handful of pages – out of a manual that contains at least 265 pages.