Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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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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This training program will aid those working to defend persons accused of homicide in drug-related overdose deaths. Each section of the program focuses on a different aspect of these cases. CLE is not available for this program.
To help defenders understand the law, the science, and the messaging underlying these prosecutions, NACDL is offering a FREE, on-demand training videos on Defending Drug Overdose Homicides.
Funded by a grant from Vital Strategies, a public health organization committed to building community oriented, science-backed solutions which promote a sustained reduction in overdose deaths, this on-demand training content is designed to educate and empower defenders to tackle these challenging and difficult cases.
Presented by Eric Davis, Chief of the Felony Trial Division, Harris County Public Defender (Houston, TX)
Race Matters II: The Impact of Race on Criminal Justice January 10-11, 2019 | Los Angeles, CA
Voir Dire: Part II presented by Kyana Givens, Assistant Federal Defender, Federal Public Defender Western District of Washington (Seattle)
Race Matters I: The Impact of Race on Criminal Justice September 14-15, 2017 | Detroit, MI
Voir Dire: Part I presented by MartÃn Sabelli, Law Offices of Martin A. Sabelli, San Francisco, CA
Defense lawyers often ask voir dire questions that do not help them identify the prospective jurors they do not want. Instead, the questions allow the prosecution to identify the jurors it wants to strike. What are some tips to help defense counsel remove jurors who cannot accept the theory of nonguilt?
Powerpoint slides by Lisa Wayne. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023
How can defense lawyers increase the number of strikes for cause they obtain during voir dire?
During voir dire, the most important concern for criminal defense attorneys is getting prospective jurors to express true feelings. In the quest for a juror’s truth, defense counsel must create a connection with that juror. Jason Sosa writes that the key to success in voir dire is reflective listening, which involves defense counsel trying to understand a juror’s viewpoint and then communicating that perspective back to the juror to assure the juror that it was understood.
If police credibility is a critical issue at trial, the defense needs jurors to believe one of two possibilities – the police officers are not credible either because they are mistaken or because they are dishonest. Are the prospective jurors open to the idea that police officers will lie under oath? What hypotheticals can defense counsel use to educate the members of the venire while simultaneously searching for cause challenges?
Jury consultant Robert Swafford writes that by carefully drafting questions and appropriate follow-up questions, lawyers can significantly increase the number of strikes for cause they obtain during voir dire. Swafford utilizes loaded questions, which are questions that make it easy for a juror to express opinions that result in the juror being struck for cause.
Often, the process of jury selection is akin to making sausage — the process is ugly but the finished product is a thing of beauty. Witness a recent aggravated assault with a deadly weapon prosecution: An argument in a bar escalated into a serious confrontation involving deadly weapons outside. A jury was left to sort out criminal culpability or lack thereof.
Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.
Attorneys representing white collar defendants face substantial challenges during voir dire. What are the standard topics and specific questions that the defense should cover?
Using scaled questions is one method of jury selection questioning that allows the lawyer to learn how strongly a juror feels about a concept or defense. What are scaled questions? What kinds of scaled questions can be asked in a DUI trial?