Marsy's Law, a victims’ rights constitutional amendment, would bestow upon crime victims a vast array of often vague, difficult and costly to administer rights, including extensive notification, involvement, privacy, and restitution provisions, and enshrine them in state constitutions. This amendment has far-reaching consequences for state criminal justice systems across the country. Hear from various stakeholders and learn how state advocates can help stave off this legislation.

NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually

Marsy’s Law is the colloquial name for a model Victims’ Bill of Rights that enshrines victims’ rights within state constitutions. Victims’ rights were already codified and protected in most states. However, Marsy’s Law enshrines its flawed one-size-fits-all model within the state constitutions, creating unintended consequences for the criminal legal system.

[Released August 2024]

In 2021, NACDL worked with partner organizations to convene leaders of the criminal legal reform movement for a two-day Summit on the trial penalty. The Summit, "The Constitutional Right to Trial: Organizing a National Movement to End the Trial Penalty," included discussions focused on understanding the root causes of the trial penalty, solutions, and forming a national coalition dedicated to this work. [Released May 2024]

Exploring Moral Principles and Economic Innovations to Restore Rights and Opportunity

In August 2018, NACDL hosted its 17^th Annual State Criminal Justice Network Conference and 2^nd Annual Presidential Summit in Atlanta, Georgia. The Conference examined the destructive effect that a vast network of penalties, debarments, and disabilities following a criminal conviction has on the millions of people who have come in contact with the criminal justice system. [Released June 2019]

The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. [NYSACDL & NACDL] [Released March 2021]

The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. [Released July 2018]

This Litigation Manual was developed by NACDL’s Criminalization of Reproductive Health Task Force to serve as a comprehensive resource to effectively litigate abortion cases. As the nation’s preeminent criminal defense bar, we are deeply committed to ensuring that the defense community is fully equipped to represent all accused persons at the highest level. This resource is restricted to defense attorneys. It is not to be used by those employed by prosecution or law enforcement organizations or otherwise involved in the prosecution of criminal cases or law enforcement. [Released Nov. 2023]

NACDL's numerous studies, reports, and recommendations are described and linked to from this page. From body cameras to discovery reform, and from public defense to electronic surveillance, NACDL's groundbreaking research and reform proposals can be found here.

For decades, law enforcement misconduct has been shrouded in secrecy, hidden behind a “blue wall of silence.” Until independent projects cropped up in 2012, even simple statistics were unknown. From 2020-2023, NACDL’s Full Disclosure Project helped defenders build databases tracking misconduct on over 150,000 law enforcement officers. This report examines how defense lawyers have pioneered the movement to track police misconduct, the impact of their work, and recommendations for other defenders looking to join the movement. [Released September 2023]

The explosive growth of misdemeanor cases is placing a staggering burden on America's courts. Defenders across the country are forced to carry unethical caseloads that leave too little time for clients to be properly represented. As a result, constitutional obligations are left unmet and taxpayers' money is wasted. [Released April 2009]

This study of the 114^th Congress revisits a 2010 joint report by the Heritage Foundation and NACDL: Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law. This new study found that Congress still regularly introduces bills with new criminal provisions that contain mens rea requirements that are not sufficiently protective. In fact, 42% of the bills analyzed had criminal intent requirements that were considered inadequate. [Released December 2021]

On May 5, 2010, NACDL and The Heritage Foundation released this groundbreaking, non-partisan report. At the release event, NACDL Executive Director Norman L. Reimer described the report as a "blueprint for principled reform" and urged "every elected official to end the madness that has produced over 4,450 federal criminal statutes, and countless tens of thousands more arising from the unchecked power of regulatory authorities." [Released May 2010]

NACDL's work on pretrial advocacy in Wisconsin highlighted by the publication of the Wisconsin Bail Manual. [Released October 2018]

(Pre-Search Instructions and Post-Search Reasonableness)

A Report by NACDL’s Fourth Amendment Advocacy Committee Reporter, Steven R. Morrison [Released July 2014]

Nearly a half million people, or approximately three percent of Florida's adults, pass through the state's misdemeanor courts each year. Most are found guilty. The average court appearance lasts as little as three minutes. [Released July 2011]