NACDL Reports

NACDL's numerous studies, reports, and recommendations are described and linked to from this page. From body cameras to discovery reform, and from public defense to electronic surveillance, NACDL's groundbreaking research and reform proposals can be found here.

America's Problem-Solving Courts: The Criminal Costs of Treatment and the Case for Reform

In 2007, NACDL established a Problem-Solving Courts Task Force to examine the operations of courts such as drug and mental health courts. The Task Force was charged with conducting a thorough analysis of these courts, specifically focusing upon the ethical implications for the defense bar and the constitutional implications for society at large. The culmination of this project is a comprehensive report and recommendations that for the first time provide the perspective of the nation’s criminal defense bar.
Collateral Damage: America's Failure to Forgive or Forget in the War on Crime

A Roadmap to Restore Rights and Status After Arrest or Conviction

Between 2012 and 2014, NACDL’s Task Force on Restoration of Rights and Status After Conviction embarked on a study of relief mechanisms available to those with a conviction on their record on the local, state and federal level. At an event at the Open Society Foundations in Washington, DC, NACDL released a major new report that comprehensively explored the stigma and policies relegating tens of millions of people in America to second-class status because of an arrest or conviction.
Colorado Pretrial Advocacy

NACDL's work on pretrial advocacy in Colorado induding the September 2015 publication of the Colorado Bail Manual.
Criminal Conspiracy: Position Paper and Proposals for Reform

At its spring 2015 meeting in Las Vegas, NACDL’s Board of Directors unanimously approved a resolution on criminal conspiracy law reform. The resolution is guided by a position paper drafted by NACDL’s Conspiracy Reform Subcommittee and adopts the recommendations therein.
Criminal Justice in the 21st Century

Eliminating Racial and Ethnic Disparities in the Criminal Justice System

This is a critically important and inclusive examination of the profound racial and ethnic disparities in America's criminal justice system, and concrete ways to overcome them. This conference report prepared by Consultant Tanya E. Coke is based upon a multi-day, open and frank discussion among a distinguished group of criminal justice experts – prosecutors, judges, defense attorneys, scholars, community leaders, and formerly incarcerated advocates.
Electronic Surveillance & Government Access to Third Party Records: White Paper

Federal laws protecting individual privacy rights in electronic communications have not been meaningfully updated in over 25 years, even though many of today’s technologies were not even conceived of when Congress considered the legislation and when the Supreme Court created the “Third Party Doctrine.” This white paper discusses the current status of the law and concludes with recommendations for reform.
Evaluating Grand Jury Reform in Two States: The Case for Reform

NACDL issued a groundbreaking new report on restoring and reforming the grand jury system. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado – and produces with four reform recommendations.
Federal Grand Jury Reform Report & Bill of Rights

NACDL created The Commission to Reform the Federal Grand Jury, drawing on the expertise of a variety of professionals throughout the criminal justice system. Commissioners spent two years examining the need for changes in the grand jury process and produced a Federal Grand Jury Bill of Rights based on their findings. The ten reforms set forth in this Bill of Rights, largely echoing those proposed by the American Bar Association (ABA) more than 20 years ago, would restore balance to the grand jury process and better protect against unwarranted prosecutions.
Federal Indigent Defense 2015: The Independence Imperative

In the wake of the severe cuts to the provision of indigent defense services during sequestration in 2013, the National Association of Criminal Defense Lawyers (NACDL) created a Federal Indigent Defense Task Force to examine the federal indigent defense system. The mission included an assessment of the level of independence afforded to the Office of Defender Services and consideration of whether reforms are necessary to ensure adherence to the ABA’s Ten Principles of a Public Defense Delivery System.
Gideon at 50: Rationing Justice: The Underfunding of Assigned Counsel Systems (Part 1)

This report documents the unreasonably low rates of compensation paid to private attorneys who represent indigent defendants in state courts. The lack of adequate funding restricts the pool of attorneys willing to represent indigent defendants and creates conflicts of interest for attorneys by encouraging them to limit the amount of work they perform on a case for an indigent client.
Gideon at 50: Redefining Indigence: Financial Eligibility Guidelines for Assigned Counsel (Part 2)

This 50-State Survey of Financial Eligibility Guidelines for Assigned Counsel documents how states decide who is “too poor” to hire a lawyer. The survey looks at how states define “indigency” and whether or not that definition is consistent with ABA standards for providing defense services. It identifies which states rely on the Federal Poverty Guidelines when determining eligibility for assigned counsel, and explains the origin of the Federal Poverty Guidelines and how they cannot accurately predict who is “too poor” to hire a lawyer.
Gideon at 50: Representation in all Criminal Prosecutions (Part 3)

The Right to Counsel in State Courts

This survey of the Right to Counsel Standards in the 50 States documents how states decide when a qualifying individual charged with criminal wrongdoing is entitled to receive appointed counsel. Some states only appoint counsel in cases of actual incarceration following conviction, while others mandate appointed counsel based solely on the fact that a defendant has been charged with a crime. Other states fall in between these two standards and appoint counsel when a sentence of incarceration is authorized or likely to be imposed following conviction.
Harris County Pretrial Advocacy

NACDL's work on pretrial advocacy in Harris County, Texas highlighted by the December 2018 publication of the Harris County Bail Manual.
Judicial Responsibility for Justice in Criminal Courts

On April 6 and 7, 2017, the National Association of Criminal Defense Lawyers (NACDL), the Foundation for Criminal Justice, the Monroe Freedman Institute for the Study of Legal Ethics at Hofstra University’s Maurice A. Deane School of Law, the Association of Prosecuting Attorneys, the Center for Court Innovation, and the State of New York Unified Court System convened a conference designed to explore the impediments to and reforms needed to ensure effective justice in all stages of the criminal process, with a particular focus on the judicial role in high-volume misdemeanor courts.
Mail Cover Surveillance: Problems and Recommendations

NACDL's Fourth Amendment Advocacy Committee carefully and comprehensively studied issues concerning the current United States Postal Service Mail Covers regime following the revelations in The New York Times investigative report in connection with the 2014 U.S. Postal Service audit of the program. The concerns raised by this program and its operation fall squarely within NACDL's long history of advocating for the vitality of Americans' privacy and Fourth Amendment rights -- in the courts, in the legislatures, in executive agencies, and in the public arena.
Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases

The integrity of the criminal justice system relies on the guarantees made to the actors operating within it. For the accused, the guarantee of fair process includes not only the right to put on a defense, but to put on a complete defense. The U.S. Supreme Court recognized the importance of this guarantee over 50 years ago, in Brady v. Maryland, when it declared that failure to disclose favorable information violates the constitution when that information is material. This guarantee, however, is frequently unmet.
Minor Crimes, Massive Waste: The Terrible Toll of America's Broken Misdemeanor Courts

The explosive growth of misdemeanor cases is placing a staggering burden on America's courts. Defenders across the country are forced to carry unethical caseloads that leave too little time for clients to be properly represented. As a result, constitutional obligations are left unmet and taxpayers' money is wasted.
National Indigent Defense Reform: The Solution is Multifaceted

In 2012, NACDL collaborated with the American Bar Association’s Standing Committee on Legal Aid and Indigent Defendants (SCLAID) to host an innovative project to foment broad-based reform. This report highlights the wide-ranging discussion and innovative proposals for reform discussed during the focus group.
New Jersey Pretrial Advocacy

NACDL's work on pretrial advocacy in New Jersey highlighted by the December 2016 publication of the New Jersey Bail Manual.
Policing Body Cameras: Policies and Procedures to Safeguard the Rights of the Accused

In response to a series of high-profile police killings of unarmed people of color, law enforcement agencies across the country began adopting body cameras as a solution to requests for more transparency and accountability. In order to study the impact of body cameras on the rights of the accused, the National Association of Criminal Defense Lawyers established a Body Camera Task Force comprised of defense attorneys from across the country.
Principles and Recommendations for Strengthening Forensic Science in the Courtroom

Forensic science evidence presented in court is often based on speculative research, subjective interpretations and inadequate quality control procedures, according to this report. Police need to be taken out of the laboratory, and the "crime labs" need to be taken out of the police station, with the goal of ensuring the scientific integrity of forensic science evidence. Neutrality and objectivity are as essential to preventing wrongful convictions and exonerating the innocent as they are to solving crimes and convicting the guilty.
Proposals to Reform the Federal Money Laundering Statutes

NACDL has proposed several technical statutory amendments to rectify the money laundering regime’s most serious flaws by simplifying and clarifying current law, facilitating compliance efforts by individuals and businesses, and by focusing federal law enforcement on serious misconduct.
Proposed 18 USC § 3014, Duty to Disclose Favorable Information and Commentary

Many recent cases have exposed the fact that federal prosecutors, whether through negligence or by design, all too often fail to abide by their constitutional duty to disclose information favorable to the defendant. To help ensure fairness in federal criminal proceedings, the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL) has endorsed model legislation drafted by NACDL's Discovery Reform Task Force that would require the government to disclose all information favorable to the accused in relation to any issue to be determined in a federal criminal case.
Rush to Judgment: How South Carolina’s Summary Courts Fail to Protect Constitutional Rights

Researchers systematically gathered data from magistrate and municipal courts in five counties. The research confirms that there is a pervasive lack of procedural justice and fairness in these courts. Far too many accused persons are not advised of basic constitutional rights, and even when they are, those rights are not respected.
Shattering the Shackles of Collateral Consequences

Exploring Moral Principles and Economic Innovations to Restore Rights and Opportunity

In August 2018, NACDL hosted its 17^th Annual State Criminal Justice Network Conference and 2^nd Annual Presidential Summit in Atlanta, Georgia. The Conference examined the destructive effect that a vast network of penalties, debarments, and disabilities following a criminal conviction has on the millions of people who have come in contact with the criminal justice system.
State of Crisis: Chronic Neglect and Underfunding for Louisiana’s Public Defense System

The crisis in public defense in Louisiana has been well-documented by the news media over the past several years. Stories of overloaded public defenders, unrepresented individuals languishing in jail, and mass pleas have shocked the nation’s conscience, but the system’s shortcomings have long evaded reform. However, much coverage of the public defense crisis in Louisiana, the state with the highest incarceration rate in the nation, has focused its attention on the consequences of the crisis rather than its causes.
Summary Injustice: A Look at Constitutional Deficiencies in South Carolina’s Summary Courts

When a person is accused of a crime, the U.S. Constitution guarantees that person the right to a lawyer even if he or she cannot afford one. The U.S. Supreme Court affirmed this basic principle more than a half century ago in Gideon v. Wainwright, and in subsequent cases that expanded the right to misdemeanor prosecutions. Yet this right is violated every day in South Carolina’s magistrate and municipal courts – collectively referred to as summary courts – where scores of people are convicted, sentenced, and sometimes incarcerated, without having been represented by counsel.
The Enforcement Maze: Overcriminalizing American Enterprise

On May 26, 2016, NACDL co-hosted a free law and policy symposium with the U.S. Chamber of Commerce’s Institute for Legal Reform entitled The Enforcement Maze: Over-Criminalizing American Enterprise. The day-long symposium featured key leaders from industry, academy, law and policy across the political spectrum.
The Fourth Amendment in the Digital Age

The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases.
The Rhode Island Project: A Study of the Rhode Island Public Defender System

and Attorney Workload Standards

The Sixth Amendment's promise that every person accused of a crime is entitled to counsel is a hollow one when the attorney appointed lacks the time and resources to provide meaningful representation. In order to determine whether defenders in Rhode Island are facing a caseload crisis, NACDL, the American Bar Association Standing Committee on Legal Aid and Indigent Defendants (ABA SCLAID), and the accounting firm of BlumShapiro undertook an assessment of the Rhode Island Public Defender system ("RIPD").
The Right to Counsel in Indiana: Evaluation of Trial Level Indigent Defense Services

A report by the Sixth Amendment Center, commissioned by NACDL and supported by the NACDL Foundation for Criminal Justice and Koch Industries.
The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It

The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system.
Three Minute Justice: Haste and Waste in Florida's Misdemeanor Courts

Nearly a half million people, or approximately three percent of Florida's adults, pass through the state's misdemeanor courts each year. Most are found guilty. The average court appearance lasts as little as three minutes.
What's Old is New Again: Retaining Fourth Amendment Protections in Warranted Digital Searches

(Pre-Search Instructions and Post-Search Reasonableness)

A Report by NACDL’s Fourth Amendment Advocacy Committee Reporter, Steven R. Morrison
Wisconsin Pretrial Advocacy

NACDL's work on pretrial advocacy in Wisconsin highlighted by the October 2018 publication of the Wisconsin Bail Manual.
Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law

On May 5, 2010, NACDL and The Heritage Foundation released this groundbreaking, non-partisan report. At the release event, NACDL Executive Director Norman L. Reimer described the report as a "blueprint for principled reform" and urged "every elected official to end the madness that has produced over 4,450 federal criminal statutes, and countless tens of thousands more arising from the unchecked power of regulatory authorities."

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