Responding to Massachusetts Indigent Defense Crisis
1. Urges that the Massachusetts Legislature grant the necessary funds to adequately sustain the right to counsel in each and every fiscal year.
2. Encourages each assigned attorney to determine individually whether to continue to accept cases as his/her conscience dictates, consistent with ethical obligations, applicable law and with respect for the constitutional right of counsel.
Supporting Responses to State Failure of Right-to-Counsel Obligation
The National Association of Criminal Defense Lawyers (NACDL):
1. Recognizes that it is a constitutionally mandated state obligation to fully fund any and all programs necessary to promulgate the effective assistance of the right to counsel consistent with the dictates of Gideon v. Wainwright. .....
Opposing the Expansion of DNA Databases
National Association of Criminal Defense Lawyers opposes the creation of a population-wide DNA database and the use of DNA dragnets;
National Association of Criminal Defense Lawyers opposes the expansion of DNA database laws to require inclusion of DNA profiles from individuals convicted of misdemeanors, juvenile offenders, and arrestees..........
Opposing the Use of John Doe DNA Warrants & Indcitments
National Association of Criminal Defense Lawyers opposes the use of John Doe DNA warrants or indictments because those charged in such a manner could be seriously hampered in their ability to mount an effective defense.
Regarding the Federal Sentencing System
National Association of Criminal Defense Lawyers takes the position that the Federal Sentencing Guidelines violate the 6th Amendment jury-trial guarantee and the 5th Amendment due process right to proof beyond a reasonable doubt, as enunciated in Apprendi v. New Jersey and Blakely v. Washington, and this position will be reflected in amicus curiae briefs filed on behalf of the Association; ............