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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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In the post-Dobbs landscape, states are criminalizing reproductive health in a variety of ways. Law enforcement will likely reach for digital surveillance tools in these cases and defenders will need to know how to counter that evidence. NACDL's Criminalization of Reproductive Health Taskforce and 4th Amendment Center researched categories of pregnancy criminalization, connected them to types of surveillance that law enforcement might use, and connected those to resources. Some tools show up several times on this page, which speaks to the omnipresence of these types of surveillance.
Hear from members of NACDL’s Women in Criminal Defense Committee as they highlight the report’s key findings and the impact of these laws on our criminal legal system.
20th Annual State Criminal Justice Network Conference August 18-20, 2021 | Held Virtually
Subject matter experts and litigators from NACDL’s Fourth Amendment Center explain and discuss some of the important digital technology issues that defense counsel will very likely encounter in these cases. The faculty focus on reverse searches, facial recognition, and device searches.
Gain a better understanding of the issues and the science involved in the defense of pregnancy-related charges. This training provides essential information for any lawyer defending a client facing pregnancy-related charges, including those involving drug use, child abuse / endangerment during pregnancy, and abortion related charges. The faculty of medical experts discusses the medical issues and science of these cases.
This webinar discusses NACDL’s report on the criminalization of abortion, featuring the report's co-authors.
Professor Wendy Bach and Dr. Mishka Terplan provide information essential for lawyers defending pregnancy-related prosecutions as well as others in the field. They discuss reproductive medicine, use of expert witnesses, and healthcare privacy and HIPAA issues in these cases.
Gain a better understanding of the issues and the science surrounding pregnancy-related prosecutions from criminal defense, medical, and reproductive justice experts.
Experienced litigators discuss RICO and conspiracy charges, accomplice liability and related issues in defending pregnancy-related prosecutions in a post-Dobbs environment.
While abortion-related prosecutions are not common in 2024, they are likely to be brought more frequently. There is no one-size-fits-all recipe for these cases. Unique situations will present a variety of issues to explore.
This Litigation Manual was developed by NACDL’s Criminalization of Reproductive Health Task Force to serve as a comprehensive resource to effectively litigate abortion cases. As the nation’s preeminent criminal defense bar, we are deeply committed to ensuring that the defense community is fully equipped to represent all accused persons at the highest level. This resource is restricted to defense attorneys. It is not to be used by those employed by prosecution or law enforcement organizations or otherwise involved in the prosecution of criminal cases or law enforcement. [Released Nov. 2023]
On March 15, 2022, Wyoming enacted W.S. §35-6-102 (2022) to restrict abortion in the absence of federal abortion protection under the Roe decision. The law is designed such that subsection (b) overrides subsection (a), upon the overturn of Roe. Subsection (a) is a standing restriction on abortions after viability except to preserve the life and health of the mother. Upon certification by the governor, subsection (a) will be replaced with a ban on abortions at all stages, with exceptions for heath of the mother, sexual assault, and incest.
A law first enacted in 1849 bans the abortion of “an unborn child,” with an exception only to save the life of the mother. Wis. Stat. § 940.04.
In 1848, Virginia passed a law criminalizing performing abortion procedures, except in certain cases where the act was done in “good faith, with the intention of saving the life of such woman or child.” This statute remains valid in West Virginia, post the state’s secession in 1863.
Washington legalized abortions within the first months of pregnancy with Referendum 20 in 1970 — three years before Roe v. Wade — becoming the first state to do so. Referendum 20 legalized abortion for women “not quick with child” and within the “four lunar months after conception.” Abortion, ch. 3, § 2, 1970 Wash. Sess. Laws 23, 24 (repealed 1992). Prior to Referendum 20, abortion was a criminal offense in Washington, except in cases to preserve the mother's life. Referendum 20 was superseded by Roe v. Wade prior to its repeal in 1992 after Initiative 120 was approved.
In 1975, Virginia enacted a general prohibition against abortion.
