Washington, DC (May 11, 2001) -- In response to the admission by the Justice Department that more than 3,000 pages of interviews and other material were not properly and timely disclosed to the defense in the Timothy McVeigh case, National Association of Criminal Defense Lawyers President Edward Mallett issued the following statement:
"No one in the criminal defense bar is surprised at the admission that evidence was not properly disclosed in this case. It happens in too many cases and it is far too rare in criminal cases that the government steps forward to admit its failings.
"The withholding of evidence and other law enforcement misconduct is the number two cause of wrongful convictions, behind ineffective assistance of counsel in indigent cases. All too often, judges unquestioningly accept law enforcement assurances that all discoverable evidence has been turned over to the defense. Mr. McVeigh's case demonstrates that judges must be much more active in ensuring that a defendant is able to discover all evidence gathered by law enforcement.
"We should also reconsider current federal rules, which allow for less discovery in criminal cases than in civil cases.
"More immediately, there is no question that Mr. McVeigh's execution should be postponed. As important is the question whether a 30-day postponement is sufficient. If the United States is going to kill in its name, it must ensure that the man it would kill, and his defense team, have sufficient time to review these new-found materials. The government must also investigate, and report to the American people, how it was that this evidence was withheld."
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Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook.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.
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.