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.

A thorough understanding of Crawford and Bruton issues is crucial for criminal defense lawyers. The Confrontation Clause area, however, can seem daunting and riddled with contradictory Supreme Court decisions. This presentation demystifies Crawford and Bruton and provides defense lawyers a clear and systematic method of tackling Confrontation Clause issues.

The decades-long war on drugs distorted evidence law in drugs and guns cases leaving it littered with landmines for defense lawyers.  This presentation will provide an approach for tackling the pervasive challenges defense lawyers face in drugs and guns cases such as co-conspirator statements, prior bad acts, and questionable government expert evidence.

Brief of Amici Curiae National Association of Criminal Defense Lawyers, American Civil Liberties Union, and American Civil Liberties Union Foundation of Arizona In Support of Petitioner

NACDL created The Commission to Reform the Federal Grand Jury, drawing on the expertise of a variety of professionals throughout the criminal justice system. Commissioners spent two years examining the need for changes in the grand jury process and produced a Federal Grand Jury Bill of Rights based on their findings. The ten reforms set forth in this Bill of Rights, largely echoing those proposed by the American Bar Association (ABA) more than 20 years ago, would restore balance to the grand jury process and better protect against unwarranted prosecutions. [Released May 2000]

The heart of the American system of justice is the adversarial process. It is the means by which truth is pursued, justice is done, the individual is protected from government overreach, and community values are expressed.

The "Free Flow of lnformation Act" (S. 448; H.R. 985) … was reintroduced in the 111th Congress. Soon after this legislation was introduced in the 110th Congress (S. 2035; H.R. 2102), NACDL formed its Reporters' Shield Legislation Task Force to study the proposed law and ascertain the potential implications for the integrity and fairness of our criminal justice system. I write ... to explain our specific concerns with the language of the most recent versions and to articulate our view that any legislation of this nature not be used to undermine the criminal justice process.

to the Confrontation Clause

Was New York’s “opening the door” policy a valid exception to defendants’ Sixth Amendment Confrontation Clause rights? The Supreme Court slammed the “open door” exception shut.

As the criminal legal system explores ways to resume court proceedings, stakeholders must balance public health concerns with efforts to uphold core constitutional rights. Moderated by Professor Andrea Roth (UC Berkeley Law), panelists Sherry Boston (District Attorney, DeKalb County, GA), Martín Sabelli (Law Offices of Martín Sabelli, San Francisco, CA) and Circuit Court Judge Annie O’Connell (Louisville, KY) discuss the legal and practical definitions of what it means to confront a witness, hold a public trial, and ensure an accused receives the effective assistance of counsel.

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.

Brief of Amicus Curiae National Association Of Criminal Defense Lawyers In Support Of Petitioner.

NACDL's statement to the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations regarding the need for reliable, accredited, transparent forensic science to ensure proper due process in criminal cases.

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers in Support of Petition for Writ of Certiorari.

The Sixth Amendment guarantee to a speedy trial is a cornerstone of the American criminal legal system. Its broad cloak serves to protect the interests of the accused, witnesses, the government and the community in ensuring meaningful and timely resolution to criminal charges. 

The Sixth Amendment guarantee to a speedy trial is a cornerstone of the American criminal legal system. Its broad cloak serves to protect the interests of the accused, witnesses, the government and the community in ensuring meaningful and timely resolution to criminal charges. Today, as judges, prosecutors, and defendants begin to navigate the aftermath of long periods of court closures and the resulting backlog of cases, stakeholders face new questions and challenges in meeting obligations to community health and safety while also protecting core constitutional rights.