"'Overcriminalization' Making Us a Nation of Felons?" Video Report and Article, CBN News, April 1, 2012. CBN's John Jessup reports from Washington with legal commentary from NACDL Board Member Timothy P. O'Toole.
"Convicted of a Crime He Didn't Know He Committed," Video Report, The Wall Street Journal, December 13, 2011. Wall Street Journal's Neil Hickey reports from Washington with legal commentary from NACDL Board Member Timothy P. O'Toole.
Personal Stories of Overcriminalization
John Yates - Video: The Fishy Case Before the U.S. Supreme Court, Case Summary - In His Own Words, Background, U.S. Supreme Court Opinion Reversing Conviction, SCOTUSblog Analysis of Opinion, U.S. Supreme Court Oral Argument Analysis, NACDL amicus briefs (on writ of certiorari and supporting Yates), USA Today article
Jack and Jill Baron - Video: In Their Own Words – No Home for Justice
Carol Anne Bond - Case Summary, U.S. Supreme Court Oral Argument Recap, U.S. Supreme Court Opinion Reversing Conviction, Cato Institute's Opinion Analysis, Manhattan Institute's Opinion Analysis, New York Times Article
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Bradford Councilman – Video: In His Own Words – System Error
Mark and Amy Denicore - Video: In Their Own Words – Summoned by the Bell
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Pattern Cross-Examination of Expert Witnesses: A Trial Strategy & Resource Guide
In a criminal trial, cross-examination of the prosecution’s forensic expert may make the difference between victory or defeat.
2020 Sample Motions Collection Update
NACDL’s 2020 Sample Motions Collection is the follow-up to our wildly popular 2019 Sample Motions Collection and contains the newest and most recent additions to our ever-expanding Sample Motions library.
State v. Stone - A Case Study on Child Sexual Molestation & Sexual Battery
The criminal defense attorney tasked with defending such a case has to be prepared to not only show reasonable doubt, but to answer this question: If it did not happen, how is it that the child believes it did happen?
POZNER ON CROSS: Advanced Cross of Experts & Officers in DUI Cases
It’s not your strong opening argument. It’s not how many of your impassioned objections the judge sustains. It’s not even how you tie your theory of the case together with a dazzling closing statement bow. What wins your trial is your cross.
Lawrence Lewis - Video: In His Own Words – Flushed Away
George Norris - Video: In His Own Words – Cultivating a Felon, Case Summary and In-Depth Study
Abner Schoenwetter - Case Summary
Bobby Unser - Video: In His Own Words – Frozen Out of Justice, Case Summary, Video
Press & Commentary on the Destruction Caused by Overcriminalization
"Prosecutorial Over-Criminalization: Fishing for Guilty Pleas," The National Law Review, December 2, 2014.
"Manhattan Moment: Overcriminalization is also a problem in the states," by James R. Copland and Isaac Gorodetski, The Washington Examiner, October 31, 2014.
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"Overcriminalization Comes To National Parks As People Who Fly Toys Face Six Months In Jail," by Gregory S. McNeal, Forbes, August 31, 2014.
"Chemical Weapons Treaty Does Not Apply to Petty Crime, Justices Rule," by Adam Liptak, The New York Times, June 2, 2014. [Full Opinion]
"Justices to Weigh Finance Law as It Was Applied to Little Fish," Adam Liptak, The New York Times, April 28, 2014.
"MALCOLM/REIMER: Over-criminalization undermines respect for legal system," by John G. Malcolm and Norman L. Reimer, The Washington Times, December 11, 2013.
"Over-criminalization and the Tragic Case of Aaron Swartz," by Ammon Simon, National Review, January 15, 2013.
"Ex-Glaxo VP on 'The Criminalization of the Practice of Law'," by Jennifer Smith, The Wall Street Journal, October 1, 2012.
"The Overcriminalization of America: Are We All Criminals Now?," by John W. Whitehead, Huffington Post, August 6, 2012.
"When Everyone Is an Offender," The Atlantic, September 28, 2011.
"As Federal Crime List Grows, Threshold of Guilt Declines," The Wall Street Journal, September 27, 2011.
"As Criminal Laws Proliferate, More Are Ensnared," The Wall Street Journal, September 27, 2011.
"Overcriminalization on Appeal - Notable concurrence from Chief Kozinski as 9th Circuit Reverses White Collar Conviction," Sentencing Law & Policy Blog, December 10, 2010. [Full Opinion]
"Rough Justice in America - Too many laws, too many prisoners," The Economist, July 22, 2010.
"Editor's Highlights: America locks up too many people, some for acts that should not even be criminal," The Economist, July 22, 2010.
For additional coverage and materials on the problem of overcriminalization generally, visit the Overcriminalization Advocacy and Scholarship webpage.