NACDL frequently writes to members of Congress, the Department of Justice, and the president on fourth amendment issues. These letters have been collected and are available for download by clicking on the titles below.

NACDL comments to the Judicial Conference of the United States Committee on Rules of Practice and Procedure, Foreign Intelligence Surveillance Court (FISC) Rules Committee, and FISC Presiding Judge regarding proposed amendments to FISC Rules of Procedure 7(j); 11(d); 13(a)(4), (a)(S) & (b)(4); 17(b), (c) & (d); 62(a); and 63.

The integrity of the criminal justice system relies on the guarantees made to the actors operating within it. For the accused, the guarantee of fair process includes not only the right to put on a defense, but to put on a complete defense. The U.S. Supreme Court recognized the importance of this guarantee over 50 years ago, in Brady v. Maryland, when it declared that failure to disclose favorable information violates the constitution when that information is material. This guarantee, however, is frequently unmet. [Released November 2014]

Collects discovery reform proposals and model laws from various organizations

NACDL comments to the Virginia Supreme Court on proposed revisions to Virginia's discovery rules: Proposed Revisions to Rules 3A:11 and 3A:12 Received from the Virginia State Bar Criminal Discovery Reform Task Force.

U.S. District Court Judge Emmet G. Sullivan’s letter to the Judicial Conference Advisory Committee on the Rules of Criminal Procedure, regarding federal disclosure obligations and suggesting an amendment to the Federal Rules of Criminal Procedure.

Letter to the Advisory Committee on Local Rules chairman regarding proposed changes to criminal disclosure rules in the U.S. District Court for the District of Columbia.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Although the prosecution often uses social media evidence to show “intent” for all manner of human conduct, the legal challenges to social media evidence are growing in strength.

and Where Do We Go from Here?

Rule 5(f)(1) requires judges to inform prosecutors of their obligation to produce exculpatory information and provides that courts may hold prosecutors accountable if they do not comply with a Brady order. Rule 5(f)(2) requires that each circuit council promulgate a Model Order that a district court “may use as it determines is appropriate.”

The amended Federal Rule of Criminal Procedure 5 requires that in all criminal proceedings, at the first scheduled court date at which both the prosecutor and defense counsel are present, the judge must issue an order confirming the prosecutor’s disclosure obligations under Brady v. Maryland. Defense lawyers should consider NACDL’s Model Standing Order on the Prosecution’s Brady Obligations.

A new development in New Mexico courts in the matter of In re Grand Jury Presentation Concerning James Bort Jones resulting in a pre-indictment mechanism enabling investigation targets to alert grand jury to exculpatory evidence.

With its opinion In re Grand Jury Presentation Concerning James Bort Jones (N.M. 2009), New Mexico joins a minority of states – Colorado, Maine, North Carolina, New York, Tennessee, and Illinois – that have explicit pre-indictment mechanisms. The court noted the importance of pre-indictment procedures given the irrevocable consequences that an indictment can have on a target’s career and reputation.

NACDL sued the Justice Department seeking disclosure of its Federal Criminal Discovery Blue Book.  This publication reportedly covers the law, policy, and practice of prosecutors’ disclosure obligations.  The U.S. Court of Appeals upheld the lower court’s decision that the publication is protected work product. Included here are key pleadings filed in the National Association of Criminal Defense Lawyers' (NACDL) Freedom of Information Act (FOIA) lawsuit seeking the Department of Justice's Federal Criminal Discovery Blue Book.

NACDL is dedicated to securing meaningful, systematic reform and to preventing the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. When prosecutors’ fundamental obligations are ignored and individuals’ rights are violated in order to secure a conviction, little can be done to rectify the wrongs inflicted upon the individuals involved and on the system itself.