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.
Take a stand for a fair, rational, and humane criminal legal system
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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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Informal Opinion
More Polizzi and Jury 'Rectification'
Neal R. Sonnett : Voice of Liberty
Philip Swaby’s plea-based conviction was overturned for ineffective assistance of counsel that arose from a seemingly small oversight – one that any attorney might have made unless he or she were anything less than ultra-careful.
A defendant is prejudiced by his attorney’s erroneous immigration law advice, even if his chances of avoiding deportation are minimal, the U.S. Supreme Court held in Lee v. United States.
Over the past 30 years, NACDL and California Attorneys for Criminal Justice (CACJ) helped shed light on the implications of police training on interrogation practices that were intended to circumvent Miranda to permit police to either initiate or continue questioning. Police training and interrogation practices received additional attention in 2004 when the U.S. Supreme Court decided Missouri v. Seibert.
Minorities Still Burdened With Mandatory Minimum Sentences (Informal Opinion)
In denying the ineffective assistance of counsel claim in Weaver v. Massachusetts, the U.S. Supreme Court made it harder for defendants to gain relief from convictions that resulted from structurally flawed trials.
The U.S. Court of Appeals for the Second Circuit held that defendants’ right to a speedy trial was violated because they waited more than five years for trial.
Lessons from the Misdemeanor Justice Project
In criminal cases, the allocation of resources is focused on felonies. However, misdemeanors make up the bulk of judicial dockets and represent an often revolving door of individuals filtering in and out of the criminal justice system.
In the United States, the right to counsel is considered so fundamental to a fair criminal justice system that it is constitutionally mandated through the Sixth Amendment. However, this noble value is elusive in too many places in the United States, often operating as an unfunded mandate.
The new federal tax law contains a provision regarding the process of seeking tax deductions for payments made to the government in satisfaction of a settlement agreement or judgment. Practitioners must understand the tax consequences of the new law and its potential effect on the availability of insurance coverage for their clients.
Criminal defense attorneys are the last bastion of protection against the onslaught of government persecution and bias faced by defendants.
How can you represent those people? This is a question criminal defense lawyers often hear. All people accused of a crime should be ably represented by counsel. If not, there is no justice.