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”

Death Penalty; Prosecutorial Discretion; Felony Murder

Charging Decisions: Policy presented by Angela J. Davis, Professor of Law, American University College of Law

Race Matters I: The Impact of Race on Criminal Justice
September 14-15, 2017 | Detroit, MI

1:24-cv-01656 (D.D.C.)

The American Civil Liberties Union (ACLU) and NACDL filed a lawsuit under the Freedom of Information Act (FOIA) seeking public records detailing the Department of Justice’s implementation of December 2022 memoranda establishing new policies for all federal prosecutors’ charging and sentencing practices.

U.S. v. Peter E. Clay, Todd S. Farha, Paul L. Behrens, and William L. Kale No. 8:11-cr-00115-JSM-MAP (M.D. Fla.) on the affairs of WellCare Health Plans, Inc.

Overcriminalization is a dangerous trend that NACDL battles daily. The case of Todd Farha and other executives at WellCare Health Plans, Inc., offer a case study in overcriminalization and unchecked prosecutorial discretion. Below, you will find links to important primary and secondary materials concerning this case.

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.

Amicus Curiae Brief on Behalf of the National Association of Criminal Defense Lawyers in Support of Appellant and Reversal

Coalition letter to Department of Justice Criminal Division Assistant Attorney General Lanny Breuer and Securities and Exchange Commission Director of Enforcement Robert Khuzami regarding enforcement of and forthcoming guidance for the Foreign Corrupt Practices Act (FCPA).

President Lisa Wayne's written statement to the U.S. Sentencing Commission regarding sentencing practices since the U.S. v. Booker decision.

Evidence Law Scholars Amicus Brief in Support of Paul L Behren's Petition for Rehearing and Rehearing En Banc to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/12/16)

Brief for Defendant-Appellant Todd Farha to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/19/14)

Brief for Defendant-Appellant Paul Behrens to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/19/14)

Brief of Missouri Association of Criminal Defense Lawyers (MACDL) and National Association of Criminal Defense Lawyer (NACDL) as Amici Curiae in Support of Appellant and Intervenor.

Professor Ellen S. Podgor's written statement to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding addressing overcriminalization.

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).