Washington, DC (December 2, 2011) – Late last night, in the face of a presidential veto threat, the U.S. Senate passed its version of the 2012 National Defense Authorization Act containing some of the most harmful legislation to our criminal justice system adopted since September 11, 2001. Drafted by the Senate Armed Services Committee in two closed sessions, and without any public hearings to determine the effects of this legislation, this bill would authorize the indefinite detention without charge or trial of suspected terrorists, including U.S. citizens.
The legislation would also require military detention of certain terrorism suspects, effectively authorizing the military to act as law enforcement within the United States. This mandatory military custody provision would have a negative impact on the ability of the criminal justice system to fight terrorism. While keeping Guantanamo open, the bill would also continue an onerous certification requirement that makes it essentially impossible for the administration to transfer detainees, even those already cleared for release or transfer by the Bush and Obama administrations, to their home or third countries.
In addition to White House opposition, this legislation passed against the advice of our most trusted national security experts: the Director of National Intelligence, Director of the FBI, Director of the CIA, and the head of the National Security Division of the Department of Justice.
In the coming days, the bill will go to conference, providing one final opportunity for the Members of Congress to do the right thing and send a clean bill to the President for his signature. Otherwise, NACDL urges the President to veto this legislation.
In calling for President Obama to veto this legislation, NACDL President Lisa Wayne explained, “Ten years after the Bush administration created the flawed military commissions system at Guantanamo Bay, the debate in Washington continues to be full of political rhetoric and lacking in fact and law. America’s criminal justice system has played an important role in protecting our national security. Since September 11, there have been more than 400 terrorism-related trials completed in the traditional criminal justice system, and there has been no evidence that the federal criminal process is incapable of ensuring effective law enforcement and justice for the accused.”
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
Ivan Dominguez, Deputy Director of Public Affairs & Communications, (202) 465-7662 or email@example.com.
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.