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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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Testimony of George Terwilliger, III, Partner, Morgan, Lewis & Bockius LLP Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Defining the Problem and Scope of Over-criminalization and Over-federalization”
Testimony of William Shepherd, Chair of the American Bar Association (ABA) Criminal Justice Section Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Defining the Problem and Scope of Over-criminalization and Over-federalization”
Testimony of John Malcolm, Rule of Law Programs Policy Director The Heritage Foundation Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Defining the Problem and Scope of Over-criminalization and Over-federalization”
Written Statement of Steven D. Benjamin, President National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Defining the Problem and Scope of Over-criminalization and Over-federalization”
Written Statement of Mr. James Strazzella, Professor Temple University Beasley School of Law Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Over-federalization”
Written Statement of Joseph I. Cassilly, National District Attorneys Association Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Over-federalization”
Statement Of Judge Irene M. Keeley, United States District Judge Judicial Conference of the United States Before the Committee on the Judiciary Over-Criminalization Task Force United States House of Representatives at a Hearing Entitled “Agency Perspectives”
The problem of overcriminalization is multifaceted, with many aspects that pervade our criminal legal system, including the criminalization of conduct that is not harmful to society or others; criminal statutes that lack adequate mens rea, or intent, requirements; ambiguous and vague language in criminal statutes that provide insufficient notice and insufficient limitation on what conduct is criminalized; and the imposition of vicarious liability with insufficient requirement that the charged person was involved in, or even knew about, the underlying conduct.
The undersigned groups urge you to oppose the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2023 (S. 412), which would create a new federal crime carrying a one-to-five-year prison sentence for sharing intimate photos of a person without that person’s consent. We recognize that this bill is well intentioned, but we are concerned that it will sweep in and criminalize innocent conduct and worsen the trial penalty that many criminal defendants—including many people who are actually innocent—face in our justice system.
Letter to the House Judiciary Committee regarding penalties and prosecutorial requirements for revenge porn cases, as proposed in the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2019 (H.R. 2896).
Coalition letter to the House Judiciary Committee regarding proposed changes to sentencing and other aspects of human trafficking offenses, as addressed in the Justice for Victims of Trafficking Act of 2015 (H.R. 181) and Stop Advertising Victims of Exploitation (SAVE) Act of 2015 (H.R. 285).
NACDL Director of White Collar Crime Policy Shana-Tara Regon's letter to the House Judiciary Committee regarding proposed changes to the laws governing public corruption charges, as outlined in the Clean Up Government Act of 2011 (H.R.2572).
Board member Tim O'Toole's written statement to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to the laws governing public corruption charges, as outlined in the Clean Up Government Act of 2011 (H.R.2572).
President John Wesley Hall's written statement to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding overcriminalization of conduct and overfederalization in the criminal code.
Letter to the Senate Judiciary Committee regarding overcriminalizing and overcharging outlined in the Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2019 (S. 1883).