'Without Intent' NACDL Makes the Case for Responsible Lawmaking

On Jan. 6, 2015, the House of Representatives adopted a rule that requires the House Judiciary Committee to be afforded an opportunity to review any bill containing new criminalization.

In March 2012, Sen. Lisa Murkowski introduced a bill in Congress called the Fairness in Disclosure of Evidence Act of 2012. The bill would codify the duty of the government to promptly disclose evidence that is favorable to the defense. If passed, this legislation may provide strong impetus to a discovery reform effort on the state level.

The results of the first phase of a project to review FBI microscopic hair analysis testimony and lab reports produced the staggering revelation that FBI examiner testimony in at least 90 percent of the trial transcripts analyzed contained erroneous statements. This development likely will serve as a milestone in the quest for forensic science reform.

Garners Broad Support with the Launch of a National Reform Effort

The “trial penalty” refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the longer sentence a defendant receives if convicted at trial. The manipulation of the potential penalty creates pressure to waive the right to a trial. With the launch of the Trial Penalty Report, NACDL hopes to begin a reform movement.

Mercy does not surface often on death row. That is what makes the story of Jason McGehee so remarkable.

Capital punishment is on the wane. Executions and the number of states that permit capital punishment both declined in 2012. Moreover, the ABA Death Penalty Due Process Review Project identified 12 distinct flaws that are prevalent in jurisdictions that still allow capital punishment. These flaws create an unacceptably high risk of injustice and inadequate safeguards to minimize the potential that innocent people will be executed.

on the Verge of Extinction and How to Save It

The right to trial, while alive in principle, is on life support in practice. NACDL is determined to revive this right and to confront and reform the systemic factors that have made the risk and cost of a trial so extreme that even innocent individuals routinely plead guilty.

The Latest Manifestation of NACDL’s Commitment to Reform and a Look Back at the 41 Reports That Preceded It and a Preview of the Next 3

Congress ostensibly created the “S” Visa program to promote national security by incentivizing foreign nationals to provide information to deter terrorist attacks. Does the program work as intended?

The Election Integrity Act passed by Georgia contains numerous textbook examples of overcriminalization.

The success of NACDL’s work depends on the organization’s ability to field a first-rate team. NACDL recently elected two new board members and filled several staff positions.

NYSACDL Report Confirms Near Extinction of Trials in the Empire State

In March 2021, NACDL and NYSACDL released the trial penalty report. The report defines what practices are encompassed by the trial penalty, identifies the underlying causes, depicts it through profiles of individuals, and proposes concrete reforms to curtail the prevalence of the trial penalty.

In December 2020, NACDL released model legislation and an accompanying report discussing “second look” legislation. The proposed legislation is a fully developed draft bill for consideration by the states.

A Guide to Address Risk Assessment Tools

In the report released November 2020, NACDL provided an in-depth analysis of risk assessment instruments that demystifies the process by which they are developed and applied in practice.

Not many people could have imagined that the U.S. Capitol would come under assault. No one thought 500,000 people would die from the coronavirus. Yet there is real hope.