Government Accountability Office, Report to Congressional Committees, Professional Misconduct: DOJ Could Strengthen Procedures for Disciplining Its Attorneys (December 2014)
NACDL is dedicated to attaining meaningful, systemic reform to help prevent the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. When prosecutors’ fundamental obligations are ignored and individuals’ rights are violated in order to secure a conviction, little can be done to rectify the wrongs inflicted upon the individuals involved and on the system itself.
So long as this prosecutorial misconduct plagues the criminal justice system, NACDL will be on the frontlines seeking to enact effective barriers to such conduct and to ensure the rights of affected individuals are protected.
For more information on NACDL's work to provide the victims of prosecutorial misconduct with relief, read NACDL's Board Resolution regarding Reform of the Hyde Amendment and the White Collar Crime Committee Report on Reform the Hyde Amendment.
Additional resources on prosecutorial misconduct and possible reform
- Legislation, Model Laws, Ethics Rules & Other Commentary
- Case Examples of Prosecutorial Misconduct
- Law Reviews and Other Publications
- Department of Justice Materials
- Discovery Reform Overview
- Federal Discovery Reform
Pictured above: Seminar Co-Chair Gerald H. Goldstein moderating a panel on prosecutorial misconduct at NACDL's 6th Annual Defending the White Collar Case Seminar held in New York City in September 2010.
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.
- From the President: There but for the Grace of God Go I or, Frank Carson, an Unlikely Martyr
- Trying to Stem the Tide: Closing the Door on Social Media Evidence
Criminal Procedure: The Due Process Protection Act: How Rule 5(f) Came to Be
and Where Do We Go from Here?
Rule 5(f)(1) requires judges to inform prosecutors of their obligation to produce exculpatory information and provides that courts may hold prosecutors accountable if they do not comply with a Brady order. Rule 5(f)(2) requires that each circuit council promulgate a Model Order that a district court “may use as it determines is appropriate.”
News Release ~ 05/24/2012
Two Stevens’ Prosecutors Suspended for Brady Violations -- Washington, DC (May 24, 2012) – The U.S. Department of Justice revealed today the only two disciplinary actions it has taken in the investigation of professional misconduct leading to the indictment and conviction of the late senator from Alaska, Ted Stevens.
News Release ~ 03/15/2012b
NACDL Applauds Sensible, Bipartisan Discovery Reform Legislation Introduced Today in the United States Senate -- Washington, DC (March 15, 2012) – Leading U.S. Senators today introduced bipartisan legislation to bring about sensible discovery reform in criminal prosecutions. The bill is entitled the "Fairness in Disclosure of Evidence Act of 2012." Senator Lisa Murkowski (R-Alaska) and Senator Dan Inouye (D-Hawaii) are the lead sponsors who introduced the legislation, which can be found here.
News Release ~ 03/15/2012
Misconduct Report on Ted Stevens Prosecution: ‘Systematic Concealment of Exculpatory Evidence’ -- Washington, DC (March 15, 2012) – A two-year investigation of the prosecution of late Alaska Sen. Ted Stevens reveals that federal prosecutors and an FBI agent involved in the case deliberately and wrongfully attempted to convict a sitting U.S. senator on corruption charges they knew, or should have known, were unfounded in fact.