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."
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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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Pre-Trial Suppression & Fourth Amendment Issues
This Trial Guide is a topical and practical handbook examining the nuts and bolts of the most current Fourth Amendment & Pre-Trial Suppression issues encountered in modern criminal cases.
Defense Counsel Playbook for Eyewitness ID Cases
This Trial Guide was written to help counsel use existing case law to its strongest advantage, and to create a framework for appellate challenges urging courts to adopt leading cases.
Ultimate Cross 2.0
This special CLE compilation program includes the highest-rated presentations on Cross-Examination techniques from NACDL's most recent seminars (2017-2019).
Forensic Sciences in Criminal Cases: A Multidiscipline Primer
In order to challenge forensic evidence, experts, reports and findings commonly encountered in the courtroom, an attorney must first have a basic understanding of the forensic issues that they will be confronting.
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