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.”
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.
Ivan Dominguez, Deputy Director of Public Affairs & Communications, (202) 465-7662 or firstname.lastname@example.org.
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.