Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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During its 2023-2024 Term, the U.S. Supreme Court allowed criminal penalties for people who are homeless; blocked the ATF’s regulation of bump stocks; ended Chevron deference, a landmark doctrine of administrative review; and decided that U.S. presidents are immune from criminal prosecution for core constitutional acts taken during their tenure in office. Criminal defense lawyers will talk about these cases for years to come.
Civil forfeiture is a nationwide problem, and a first-of-its-kind survey by the Institute for Justice finds those who experience it call it frustrating, corrupt and unfair. Their stories highlight the human toll of policing for profit. IJ’s new survey focuses on victims of one large-scale forfeiture program, but the challenges they faced are common to forfeiture programs across the country. Study co-author Jennifer McDonald and senior attorney Dan Alban, both of IJ, will present findings from the survey and from IJ’s landmark forfeiture report, and discuss civil forfeiture more broadly.
According to the government, the goal of forfeiture is to take the profit out of crime. The government seeks to take private assets – including cash and real property – that it claims constitute the proceeds of criminal activity. Steven L. Kessler discusses some of the basics every attorney should know about forfeiture.
Follow-up letter to the Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.
Letter to the U.S. Courts Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.
President-elect Gerald B. Lefcourt, Asset Forfeiture Abuse Task Force co-chair E.E. (Bo) Edwards, Attorney David B. Smith, and Susan Davis' written statements to the House Judiciary Committee regarding Civil Asset Forfeiture Reform Act of 1997 (H.R. 1965).
Executive Director Norman Reimer's letter to the Ohio House Judiciary Committee regarding a proposal to eliminate the civil forfeiture process and rely only on criminal forfeiture and its requirements (HB 347, 2015).
Courts issue forfeiture money judgments against defendants despite the absence of statutory authority or due process protections. Defense counsel must continue to raise constitutional challenges until the Supreme Court speaks on the issue.
Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.
Asset Forfeiture Abuse Task Force co-chair E.E. (Bo) Edwards's testimony to the House Judiciary Committee regarding the Civil Asset Forfeiture Reform Act (H.R. 1916, 1995) and federal asset forfeiture programs.
Asset Forfeiture Abuse Task Force co-chairs E.E. (Bo) Edwards, David B. Smith, and Richard Troberman's written statement to the House Judiciary Committee regarding the Civil Asset Forfeiture Reform Act (H.R. 1916, 1995) and federal asset forfeiture programs.
Coalition letter to the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies and House leadership regarding proposed amendments to the 2018 appropriations bill that would limit civil forfeiture expansion and protect property rights for those not charged or convicted of a crime (see H.R. 3354 (2017)).
Coalition letter to members of the House regarding proposed amendments to the 2018 appropriations bill that would limit civil forfeiture expansion and protect property rights for those not charged or convicted of a crime (see H.R. 3354 (2017)).
Coalition letter to House and Senate leadership and Congressional leadership regarding the overreach of federal civil forfeiture and its use before people are convicted of any offense, undermining the presumption of innocence.
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellees and Urging Affirmance.