Among the critical, workable reforms detailed in that report are:
(1) the right to counsel for grand jury witnesses who are not receiving immunity;
(2) an obligation to present evidence which may exonerate the target or subject of the offense; and
(3) the right for targets or subjects to testify.
- Reform Proposals
- Reform Report and Bills of Rights (2000)
- New Mexico Court Imposes Pre-Indictment Mechanism that Enables Investigation Targets to Alert Grand Jury to Exculpatory Evidence (January 2009)
- Pending Legislation (Legislative tracking services returning soon)
- Articles, Editorials, & News
Webinar - Reexamining the Grand Jury: Prosecutors, Police, and Race
The grand jury has long drawn criticism for failing to serve its purpose as a shield against unwarranted charges. Recently a new charge has been leveled: that prosecutorial influence over the grand jury permits law enforcement misconduct to go unpunished. Both facets of the issue will be discussed in turn by two distinguished panels of experts. The first panel addressed Due Process & the Grand Jury: Protecting Targets and Witnesses and the second panel examined Equal Justice & the Grand Jury: Achieving Racial Fairness.
Report - Evaluating Grand Jury Reform in Two States: The Case of Reform
NACDL issued a groundbreaking new report on restoring and reforming the grand jury system-- Evaluating Grand Jury Reform in Two States: The Case for Reform. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado. In conducting this study, researchers Erin Crites, Jon Gould and Colleen Shepard of the Center for Justice, Law & Society at George Mason University studied the experiences of prosecutors, defense lawyers and retired judges. Four key reform recommendations emerge from the research: (i) defense representation in the grand jury room, (ii) production of witness transcripts for the defense, (iii) advance notice for witnesses to appear, and (iv) the presentation of exculpatory evidence to the grand jury.
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.