Categorical Legislative Prohibitions on Defenses in Criminal Cases

NACDL continues to actively oppose legislative efforts in Virginia to categorically prohibit certain defenses in criminal cases.

It is NACDL’s position that categorical legislative prohibitions of defenses in criminal cases chip away at the foundational principles of our criminal justice system and undermine well-established rules of evidence that serve to balance principles of relevance and due process rights of accused persons. Legislation that focuses on limiting certain defenses and the consequential media attention that follows encourages the public to believe that trials are conducted by judges mechanically applying the law instead of through an adversarial process culminating in a fair jury verdict that is based on a thorough and searching consideration of all of the relevant evidence at trial.  

On February 16, 2019, after significant study by NACDL's Task Force on Defenses, NACDL's Board of Directors adopted a resolution "Concerning Categorical Legislative Prohibitions of Defenses in Criminal Cases."

On February 3, 2021, NACDL Past President Nina Ginsberg submitted written testimony to the Virginia House Courts of Justice Committee regarding HB 2132, legislation to establish that "the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating malice as an element of murder." HB 2132 was signed into law by Governer Ralph Northam on March 31, 2021. 

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products