So long as this serious deficiency exists in the criminal justice system, NACDL will be on the frontlines seeking to ensure justice and due process for all and to promote the proper and fair administration of criminal justice. This page contains legislation, laws, regulations and other commentary related to prosecutorial misconduct.
Press Release, Office of Senator Lisa Murkowski, Senator Responds to Study Showing Continued Failure to Disclosure to Defense (Nov. 17, 2014)
Commentary & Advocacy Letters
Editorial: Justice and Open Files, The New York Times, February 26, 2012. Excerpt: "Prosecutors have a constitutional duty to disclose significant evidence favorable to a criminal defendant. But too often that duty, as laid out by the 1963 Supreme Court decision in Brady v. Maryland, is violated."
NACDL Board Resolution Regarding Reform of the Hyde Amendment (February 19, 2011) and White Collar Crime Committee Report on Reform of the Hyde Amendment (November 2010)
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Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
Bipartisan Discovery Reform Legislation Introduced in U.S. Senate (March 15, 2012)
- NACDL News Release: NACDL Applauds Sensible, Bipartisan Discovery Reform Legislation
- News Conference Video: Introduction of the Fairness in Disclosure of Evidence Act
- Legislation: Fairness in Disclosure of Evidence Act of 2012 (S. 2197)
- NACDL Video: America Needs Sensible Discovery Reform
- One-Page Summary: The Need for Discovery Reform
- Case Summaries: The Human Cost of Brady Violations
Existing Laws and Ethics Rules
28 U.S.C. § 530B, Ethical standards for attorneys for the Government (McDade Amendment)
28 C.F.R. § 77, Ethical standards for attorneys for the Government
28 C.F.R. § 50.2, Release of information by personnel of the Department of Justice relating to criminal and civil proceedings
ABA Model Rules of Professional Conduct (Table of Contents) –
- Rule 3.6 Trial Publicity
- Comment to ABA Model Rule 3.6
- Rule 3.8 Special Responsibilities Of A Prosecutor
- Comment to ABA Model Rule 3.8
ABA Standards for Criminal Justice: Prosecution and Defense Function – Prosecution Function