The federal gang enhancement follows the Sentencing Commission’s tradition of increasing sentences without critical and empirical examination of an enhancement’s impact. However, all hope is not lost. Even if the client has been convicted of a subject offense, is the client “affiliated with” a gang, cartel, or organized crime ring, and did the client commit the crime “in connection with” the organization? Juval Scott provides strategies to challenge the enhancement.

Brief of Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Due Process Institute, FAMM, and National Association of Criminal Defense Lawyers in Support of Petitioners.

Ending mass incarceration will require changing sentencing policies and practices. But where are we now and what impact will COVID-19 have? Learn about varies state sentencing reform efforts, as well as release options during the COVID-19 pandemic and what states can do moving forward as a result of the pandemic.

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

NACDL, with its diverse membership of 10,000 spanning state, federal, and military practice, wishes to express its views on preferred Commission priorities. We concur with other advocates and stakeholders that current sentences are excessively long, and certain sentencing factors disproportionately affect racial minorities within the criminal legal system. Whatever issues the Commission determines to prioritize, these flaws should be foremost in considering potential amendments.

NACDL worked with the Washington Association of Criminal Defense Lawyers to eliminate sentencing enhancements.

NACDL is working with partners to end habitual offender sentencing enhancements in New Mexico.

Coalition letter to the House Judiciary Committee regarding legislation to address the judicial discretion that allows for factoring into sentencing conduct acquitted by a jury, as proposed in Prohibiting Punishment of Acquitted Conduct Act of 2021 (H.R. 1621).

An Apprendi Primer: On the Virtues of a “Doubting Thomas” Jon M. Sands, Steven G. Kalar October 2000 18 Apprendi v. New Jersey - to the surprise of many, but not to Justice Thomas - announced a “watershed change in constitutional law.” 1 The ripples of this recent Supreme Court decision are now bei

Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

Comments to the U.S. Sentencing Commission on the Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003.

Letter to the U.S. Sentencing Commission regarding proposed amendments to the Fair Sentencing Act.

Letter to the U.S. Sentencing Commission regarding the economic crime package and other proposed amendments.

Comments to the U.S. Sentencing Commission on proposed 1997 Emergency Amendments.

Letter to the U.S. Sentencing Commission regarding proposed 1997 Amendments.

Letter from Rick Jones (Neighborhood Defender Service of Harlem Executive Director), Alex Bunin (Harris County, TX, Public Defender), Lisa Schreibersdorf (Brooklyn Defender Services Executive Director), and Jeff Adachi (San Francisco Public Defender) to the House and Senate Judiciary Committees regarding proposed sentencing reforms that adjust how enhancements are determined, as addressed in Sentencing Reform and Corrections Act of 2015 (S. 2123) and Sentencing Reform Act of 2015 (H.R. 3713).