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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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NACDL is pleased to submit our comments with respect to the proposed changes to Federal Rule of Evidence 609(a)(1). … Our members have substantial experience with the challenges created by Rule 609 and have submitted amicus briefs before the Oregon Supreme Court and Supreme Court of the State of Washington related to the state counterparts of Rule 609’s impact on the people in each jurisdiction. In line with our dedication to advancing the proper, efficient, and just administration of justice, we would like to offer the following comments on the proposed change to Rule 609(a)(1).
Although the rationale for impeaching with prior convictions is to shed light on an individual’s “propensity for truthfulness,” prior convictions have no connection to truthfulness or untruthfulness. Instead, this practice provides leverage for prosecutors because it deters vital witness testimony. How can defense attorneys push back against the practice of prior conviction impeachment right now?
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.
Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.
Frank Bowman and Stephen Sepinuck's written statement to the House Judiciary Subcommittee on the Constitution regarding the history, interpretations, and limitations of presidential impeachment.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari.