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The federal system and most states allow prosecutors to withhold evidence needed by the defense. To encourage reforms, NACDL has adopted two model bills: one prescribing open-file discovery and another clarifying the Brady rule by requiring the disclosure of all favorable evidence.
Legislation & Policy
Federal Criminal Discovery Blue Book
NACDL sued the Justice Department seeking disclosure of its Federal Criminal Discovery Blue Book. This publication reportedly covers the law, policy, and practice of prosecutors’ disclosure obligations. The U.S. Court of Appeals upheld the lower court’s decision that the publication is protected work product. See the pleadings.
NACDL Report on Discovery Enforcement in the Courts
On November 17, 2014, NACDL released Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases, a major study produced jointly with the VERITAS Initiative at Santa Clara Law School.
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.
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News Release ~ 04/01/2019
Nation’s Criminal Defense Bar Welcomes Criminal Justice Reforms Adopted by the State of New York -- Washington, DC (Apr. 1, 2019) – On Sunday, March 31, Governor Andrew Cuomo and the New York State Senate and Assembly reached agreement concerning multiple, significant pretrial criminal justice reforms as part of the state’s FY 2020 budget package. These changes will take effect in 2020. The reforms concern speedy access to trial, discovery in criminal cases, and bail and pretrial release.
News Release ~ 09/06/2018
Supreme Court of Virginia Overhauls Criminal Discovery Rules; Major Victory for Broad, Bipartisan Coalition of Criminal Justice Reformers – Washington, DC (Sept. 6, 2018) – Late yesterday, Sept. 5, 2018, the Supreme Court of Virginia issued amended criminal discovery rules set to take effect July 1, 2019, marking the first such overhaul in decades. Specifically, the Court issued amended Rules 3A:11 (Discovery and Inspection) and 3A:12 (Subpoena) of the Rules of the Supreme Court of Virginia.
News Release ~ 01/17/2018
Department of Justice Successfully Blocks Public Access to Its Federal Criminal Discovery Blue Book – Washington, D.C. (Jan. 17, 2018) – Earlier today, the Department of Justice (DOJ) filed notice of its decision not to appeal the release of an extremely limited portion of its Federal Criminal Discovery Blue Book. The portion of the Blue Book that the Court found was not work product was a tiny fraction – what amounts to not much more than a handful of pages – out of a manual that contains at least 265 pages.
- "Prosecutors Blame Discovery Reform Law For Overtime, Tax Hikes, And A Murder ,"
- "Prosecutorial Misconduct: Getting Away With Murder,"
- "Blindfold Removed from Justice in State Criminal Cases in 2020,"