Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. When prosecutors’ fundamental obligations are ignored and individuals’ rights are violated in order to secure a conviction, little can be done to rectify the wrongs inflicted upon the individuals involved and on the system itself.

I write as someone deeply concerned about a critical issue: our nation’s failure to hold prosecutors accountable when they break rules designed to ensure all Americans are treated fairly and equitably by our justice system.

Fifty years ago in Brady v. Maryland, the U.S. Supreme Court held that the failure to disclose favorable information to a defendant in a criminal prosecution violates the constitution when that information is material to guilt or punishment. This common law standard, often referred to as the Brady rule, has created confusion about what information must be disclosed, when it must be disclosed, and what remedies exist when favorable information is not disclosed.

The Board of Directors adopted a resolution on the Brady Checklists.

The Board of Directors adopted a resolution against against Carceral's torture.

Resolution of the National Association of Criminal Defense Lawyers Promoting Systemic Reform to Render Prosecutors Accountable for Misconduct, adopted at the 2024 Fall Meeting in Nashville, TN.

We are in the era of electronic discovery and ever-increasing information dumps. Defense lawyers are being provided with responses to discovery requests that contain terabytes of information. How do we advise a client concerning the strength or weakness of the government’s case if we must first examine and organize a terabyte of information?

NACDL held a live webcast interview with the late Senator Ted Stevens’ attorney Robert M. Cary, of Williams & Connolly LLP, who discussed the ramifications of the case and the investigation, and the future of federal discovery reform. 

Webcast on the need for criminal discovery reform and the dangers of inadequate or discovery rules and prosecutors' failure to disclose favorable evidence. Featuring NACDL President (2011-2012) Lisa M. Wayne.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner

Reply to Government’s Opposition to Defendants’ Joint Motion Pursuant to Rule 33, Fed. R. Crim. P., for a New Trial

U.S. v. Basaaly Moalin 3:10-cr-04246-JM (S.D. Cal.)

United States' Response and Opposition to Defendants' Joint Motion for New Trial

U.S. v. Basaaly Moalin 3:10-cr-04246-JM (S.D. Cal.)

United States’ Opposition to Defendant’s Motion to Compel Discovery

U.S. v. Fortunato Rodelo Lara 3:12-cr-00030-EMC (N.D. Cal.)

Notice of Motion and Motion to Compel Discovery

U.S. v. Fortunato Rodelo Lara 3:12-cr-00030-EMC (N.D. Cal.)

(But First, Let’s Define What This Means)

The criminal legal system is broken and will remain so until those with power to effect change listen to the people who, for decades, have been marginalized, abused, and victimized by this financially segregated and socially biased system.